Cancellation of Removal Attorney

Facing deportation can be stressful since it may mean being sent back to your home country and possibly being barred from returning to the United States. Once the removal proceedings have begun, you need the assistance of an experienced immigration attorney to prepare your case to present to the authorities. Improve your chance to block the removal by calling Kats Immigration Law. Set up a consultation in one of their NYC offices or online in a virtual consultation.

What Is Cancellation of Removal?

Cancellation of removal is a form of relief for immigrants who are undergoing removal proceedings. With the right defense, an immigration judge may decide to allow you to remain in the United States. If you meet certain conditions, you can apply to have an adjustment of status from being deportable to being a permanent resident.

The stakes may be very high for non-citizens facing the possibility of deportation. There are several options for relief from removal in addition to cancellation of removal, such as:

• Various types of asylums
• Withholding of removal
• Convention against torture protection

An experienced immigration attorney can help determine if you qualify for one of these options. Alina Kats at Kats Immigration Law in Manhattan and Brooklyn, has years of experience specializing in immigration law and is a top choice for anyone who needs a cancellation of removal attorney in New York City.

Who’s Eligible for Cancellation of Removal?

Qualifying for cancellation of removal depends on meeting certain specific requirements. It’s only an option if you’re already involved in deportation and removal proceedings. To be eligible for cancellation of removal, other requirements include:

• You’ve been in the United States for a continuous period of 10 years before the Notice to Appear is served.
• You have good moral character.
• You follow the laws of the U.S. and haven’t been convicted of any serious crimes such as an aggravated felony or drug conviction.
• If you’re required to leave the country, it would create hardship that’s considered exceptional and extremely unusual for your U.S. citizen or lawful permanent resident spouse, child or parent.

Victims of domestic violence may be eligible for a three-year cancellation of removal. Requirements for a three-year cancellation of removal include:

• You maintained a physical presence in the U.S. for three years.
• You or your child is a victim of domestic violence from a U.S. citizen spouse of the child’s parent or a green card holder. Domestic violence includes both physical and psychological abuse.
• You or your child lived with the perpetrator.
• You aren’t guilty of serious crimes or immigration offenses and you’re of good moral character.
• You or your child would face extreme hardship if deported.

The cancellation of removal success rate depends on meeting all the requirements; and these cases can be difficult to win. It can be especially challenging to prove extreme hardship for your spouse, child or parent. Work with a knowledgeable and experienced cancellation of removal lawyer at Kats Immigration Law, which has a solid cancellation of removal success rate.

How Do I Apply for Cancellation of Removal?

While you’re undergoing deportation proceedings, you need to apply for cancellation of removal using Form EOIR-42B, taking care to honestly and thoroughly answer each question. Certain steps must be taken precisely, such as:

• Attaching strong supporting documents to your application. Examples of documentation to help prove you’ve been physically present in the U.S. for the required amount of time include school records, employment records, bank records and leases.
• Sending the original application to the immigration court and a copy to the Department of Homeland Security (DHS).
• Submitting affidavits from witnesses who can verify that you’re of good moral character such as your employer. Include statements from U.S. citizens if possible.
• Including documentation such as birth certificates or a marriage license that proves you’re related to the individuals that you feel would suffer hardship if you were deported.
• Including two photographs of yourself taken within 30 days of the application along with required biometric information. Biometrics are measurable characteristics such as fingerprints that can be used for automated recognition.
• Paying the required filing fee to DHS.

If you’re unable to pay the filing fee, you can request a fee waiver from the judge. Make sure the answers you provide are truthful. Making false statements or providing false documents can cause your application to be denied and lead to criminal prosecution.

What Is Good Moral Character?

When you apply for cancellation of removal, you’re expected to prove that you’re of good moral character, which is a discretionary decision made by the immigration judge. Things that bar you from being considered of good moral character if they happened in the previous 10 years include:

• Conviction of a drug offense, not including possession of less than 30 grams of marijuana
• Prostitution
• Smuggling an undocumented immigrant
• Giving false testimony
• Two or more criminal convictions and a total sentence of five years or more
• Two or more convictions for illegal gambling

An individual that’s been convicted of murder or an aggravated felony is permanently barred from establishing good moral character. The same is true of an individual who has participated in genocide, torture or persecution.

How Can a Cancellation of Removal Lawyer Help Me?

Going through deportation proceedings doesn’t always end with being deported. If you’re facing removal, you need the expertise of an immigration lawyer who can explore all options for a deportation defense. If you think you qualify for cancellation of removal, a lawyer who specializes in this field helps you gather useful documentation and presents your case before the immigration judge.

Alina Kats has extensive experience in immigration law and is committed to preparing the best strategy to help you have a positive outcome. She can explain whether you qualify for cancellation of removal or a different option, and help you avoid making mistakes on applications. Contact Kats Immigration Law today to set up an in-person NYC appointment or a virtual consultation.