Avoid Deportation with our Experienced Immigration Attorney!
Are you or someone you know facing deportation and removal proceedings in California? Are you looking for an experienced Cancellation of Removal Attorney in CA who can help you navigate the complex immigration system and fight for your rights to stay in the United States? If so, our experienced attorneys can take care of your immigration needs!
Immigration laws are complex and ever-changing, and even minor mistakes or oversights can lead to serious consequences, including the possibility of being separated from your family and your life in the United States. That’s why it’s important to have an experienced attorney by your side who can help you understand your options and fight for your rights. Contact El Camino Inmigracion today to schedule a consultation with one of our experienced attorneys!
What is Cancellation of Removal?
Cancellation of removal is a legal process that allows non-U.S. citizens who are facing deportation from the United States to lawfully stay in the country. In California, cancellation of removal is governed by the Immigration and Nationality Act (INA), and the regulations are communicated by the United States Citizenship and Immigration Services (USCIS).
Am I Eligible for Cancellation of Removal?
Both non-permanent residents (those without a green card) and lawful permanent residents (those with a green card) are eligible to request the cancellation of removal.
As a Permanent Resident
Permanent residents who are facing deportation may be eligible for cancellation of removal if they meet certain requirements.
To be eligible for cancellation of removal as a permanent resident, an individual must meet the following requirements:
- They must have been a lawful permanent resident for at least five years.
- They must have resided in the United States continuously for at least seven years after being admitted to any status.
- They must not have been convicted of an aggravated felony.
If an individual meets these requirements, they may be able to apply for cancellation of removal as a permanent resident. However, it is important to note that cancellation of removal is a discretionary form of relief, meaning that the immigration judge has the discretion to grant or deny the application.
As a Non-Permanent Resident
To be eligible for cancellation of removal, you must meet specific requirements set forth by the Immigration and Nationality Act (INA).
The requirements for cancellation of removal for non-permanent residents are as follows:
- They must have been physically present in the United States for a continuous period of at least ten years before the date of the Notice to Appear in immigration court.
- They must have been a person of good moral character during the entire ten-year period.
- They must not have been convicted of certain crimes.
- Their removal from the United States would result in exceptional and extremely unusual hardship to a spouse, parent, or child who is a U.S. citizen or lawful permanent resident.
If you meet all of these requirements, you may be eligible for cancellation of removal as a non-permanent resident. However, you have to show that this hardship is unusual and not common in comparison to the difficulties other people facing deportation are encountering in order to be given cancellation of removal.
Children with severe medical conditions who cannot receive sufficient treatment in their home country or exceptionally gifted children with the possibility for a bright future in the U.S. are two examples of successful cancellation of removal cases.
As a Battered Spouse/Child
To be eligible for cancellation of removal as a battered spouse or child, you must demonstrate the following:
- You have been physically or emotionally abused by a spouse or parent who is a U.S. citizen or lawful permanent resident.
- You have been physically present in the United States for at least three years prior to the date the removal proceedings were initiated.
- You have been a person of good moral character during the three-year period.
- Your removal would result in extreme hardship to you or your children who are U.S. citizens or lawful permanent residents.
- That certain grounds for inadmissibility do not apply to you.
If you need assistance in determining your eligibility for cancellation of removal as a battered spouse or child, or if you need help with your application, please contact El Camino Inmigracion or an experienced immigration attorney.
What Supporting Documents Do I Need For Cancellation of Removal?
When applying for cancellation of removal, it is important to submit the necessary supporting documents to increase your chances of being approved. Here are some common documents you may need to include:
- Identification documents – You will need to provide government-issued identification documents such as a passport, birth certificate, or driver’s license to prove your identity and establish that you have been physically present in the United States for the required period of time.
- Proof of continuous residence – You will need to provide documentation to prove that you have lived in the United States continuously for at least 10 years, which can include rent receipts, utility bills, tax returns, and employment records.
- Evidence of good moral character – You will need to provide documentation to demonstrate that you have been a person of good moral character during your time in the United States. This can include letters of recommendation from employers, community leaders, or religious leaders, as well as evidence of volunteer work or community service.
- Evidence of hardship – If you are applying for cancellation of removal based on the hardship it would cause to your qualifying relative(s) if you were removed from the United States, you will need to provide documentation to support your claim. This can include medical records, school records, and other documentation to demonstrate the impact your removal would have on your qualifying relative(s).
- Court documents – If you have been involved in any legal proceedings, such as criminal or civil cases, you will need to provide documentation related to those proceedings.
It is important to consult with an experienced immigration attorney to determine which specific documents are necessary for your case. Contact us today!
How Can I File for Cancellation of Removal?
Cancellation of Removal is a legal process that can help individuals who are facing removal or deportation from the United States. The process allows individuals who are in the country illegally to apply for permanent residency if they meet certain requirements. Here is an overview of the application process for Cancellation of Removal in California:
Determine Eligibility
The first step in the application process is to determine if you are eligible for cancellation of removal, as discussed above. You can also ask a qualified immigration attorney to determine whether you can file for a cancellation of removal.
Complete the Necessary Forms
Once you have determined your eligibility, you will need to complete the necessary forms to apply for cancellation of removal. The main form you will need to complete is Form EOIR-42B, Application for Cancellation of Removal.
Gather Supporting Documents
Along with your application form, you will need to provide supporting documents to demonstrate your eligibility. These may include:
- Proof of your physical presence in the United States for at least 10 years, such as tax returns, bills, and employment records.
- Evidence of your good moral character, such as letters of recommendation from employers, community leaders, or religious organizations
- Documentation showing that your removal would result in exceptional and extremely unusual hardship to your qualifying relative(s), such as medical records, evidence of financial hardship, and affidavits from family members.
Submit your Application
Once you have completed the necessary forms and gathered all of the required supporting documents, you can submit your application to the Immigration Court with jurisdiction over your case. You will also need to pay the necessary fees at this time.
Attend your Hearing
After you have submitted your application, you will need to attend a hearing where you will present your case to the Immigration Judge. At the hearing, you will have the opportunity to explain why you should be granted cancellation of removal and present any additional evidence in support of your case.
Await a Decision
After your hearing, the Immigration Judge will make a decision on your application for cancellation of removal. If your application is approved, you will be granted permanent residency. If your application is denied, you may have the opportunity to appeal the decision.
It is important to note that the application process for cancellation of removal can be complex and time-consuming. It is recommended that you seek the assistance of an experienced immigration attorney to guide you through the process and help ensure that your application is as strong as possible. Contact us today.
Why Do I Need a Cancellation of Removal Attorney in CA?
Cancellation of removal is a legal process that allows certain undocumented immigrants to obtain legal status in the United States. However, it can be a complex and challenging process, especially in California. Here are some reasons why you might need a cancellation of removal attorney in California:
- Understanding the Eligibility Requirements: To be eligible for cancellation of removal, you must meet specific criteria, such as having lived in the US for a certain period of time and having a qualifying family member who is a US citizen or lawful permanent resident. A cancellation of removal attorney can help you understand whether you meet these eligibility requirements and can help you gather the necessary documentation to prove your eligibility.
- Building a Strong Case: To successfully obtain cancellation of removal, you must present a strong case to the immigration judge. This may involve gathering evidence, presenting witnesses, and making legal arguments. A cancellation of removal attorney can help you build a strong case and present it effectively in court.
- Navigating the Court System: The immigration court system in California can be complex and challenging to navigate, particularly for individuals who are not familiar with the legal process. A cancellation of removal attorney can guide you through the court system, help you understand your rights, and represent you in court.
- Dealing with Immigration Enforcement: If you are facing removal proceedings, you may also be dealing with immigration enforcement, such as ICE. A cancellation of removal attorney can help you navigate these interactions and protect your rights.
Immigration is known for its complicated processes, that’s why you need an attorney who will guide you all throughout the way. Contact El Camino Inmigracion today to schedule a consultation with one of our cancellation of removal attorneys and get the legal representation you need to protect your rights and stay in the United States.
Call our Cancellation of Removal in CA Now!
If you’re facing a charge of Cancellation of Removal in California, you’re likely dealing with the possibility of deportation and separation from your family, friends, and community. It’s a difficult situation to navigate alone, but El Camino Inmigracion has the experience and expertise to help you!
Our team of skilled immigration attorneys has successfully represented countless clients in similar situations, and we have the qualifications necessary to address your specific concerns. We understand the complexities of immigration law in California and have a deep understanding of the legal system.
We also offer other immigration services, such as citizenship, marriage visas, or green card applications. We are committed to helping our clients achieve their immigration goals and will work tirelessly to provide you with the best possible outcome.
Don’t hesitate to contact us today. Our team of experienced immigration attorneys is here to help you navigate this difficult process and achieve the best possible outcome. Call now to schedule your consultation!
