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Cancellation - Stop Deportation
Cancellation of Removal is a form of immigration relief that effectively stops deportation. Cancellation of Removal is available only in Immigration Court.
Both Lawful Permanent Residents and non-lawful residents can get cancellation of removal, although the requirements for each are different.
Cancellation of Removal for Lawful Permanent Residents
In order to get cancellation of removal, a Lawful Permanent Resident must:
- have been a Lawful Permanent Resident for at least 5 years;
- have resided in the United States continuously for 7 years; and
- not have been convicted of an aggravated felony.
Cancellation of Removal for non-Lawful Permanent Residents
An Immigration Judge may cancel removal or deportation for non-Lawful Permanent Residents in certain circumstances. In these circumstances, the immigrant is also able to receive "adjustment of status" (Green Card). In order for non-Lawful Permanent Residents to get Cancellation of Removal, they must demonstrate:
- they have been physically present in the United States for at least 10 years;
- they are a person of good moral character; and
- that the deportation would result in exceptional and extremely unusual hardship to their spouse, parent, or child, who is a citizen of the United States or a Lawful Permanent Resident.
"Exceptional and Extremely Unusual Hardship"
Easily the most challenging aspect of winning a Cancellation of Removal case is demonstrating an "exceptional and extremely unusual hardship."
The two points that are most difficult to communicate to clients is that first, the law in general does not consider the effects of deportation on the alien, but only the remaining citizen or Lawful Permanent Resident.
Second, it's perhaps most helpful to focus on the "unusual hardship" rather than the "extreme hardship." For instance, most clients initially describe their hardship in economic terms—for instance, that the husband is the only worker in the home. Yet this hardship is common to most persons facing deportation. Similarly, most children will miss their father or mother after deportation. Immigration Judges are rarely moved by these arguments alone.
Instead, courts look for uncommon situations. Some factors include:
- Health of the U.S. Citizen
- Unusual circumstances, like a special-needs child; and
- Difficulty in the U.S. Citizen relocating to their spouse or parent's native country.
These factors are by no means exhaustive. Our immigration attorneys review your entire portfolio of hardship to determine whether or not your hardship will likely qualify you for cancellation of removal.
What Happens After Cancellation of Removal?
Those who win a Cancellation of Removal are able to maintain their status indefinitely.
How Difficult is it to Win A Cancellation of Removal Case?
Winning Cancellation of Removal is difficult. The vast majority of cases are unsuccessful. For that reason, we highly suggest contacting an experienced immigration attorney familiar with the process and difficulties of this form of relief, as it is usually an immigrant's last chance to remain in the U.S. Be cautious if anyone guarantees that they will win your case.
Use Caution
As noted above, winning Cancellation of Removal can be difficult. One reason for the difficulty is that immigration judges, by law, are limited as to how many cancellations of removal they can grant a year. In some respects, this means your hardship is in competition with all other hardships suffered by other families.
We occasionally hear reports that some immigration services advertise that if you have been in the U.S. for at least 10 years, they can "fix your papers." Unfortunately, the story is much more complicated than that. Those who advertise this solution either dangerously misunderstand the law, or are purposefully misleading you to get you in their doors.
Why Choose Joseph McGregor & Associates?
We promise our clients that we will, at all times, be professional and be honest. By professional, we strive to be experts in our respective fields of law, to be always prepared for each and every case, and to ensure that clients meet with an attorney, not a paralegal or assistant.
By honest, we mean that we will always communicate your chances of success on a particular matter. Often the outcome of the case is affected by the Immigration Judge, the unique facts of your case, and the government attorney assigned to your matter. We will help you to understand your chances of winning and whether or not Cancellation of Removal is a worthwhile investment for your family.
Service Area
Joseph McGregor & Associates Inc are Texas immigration attorneys representing immigration clients throughout the United States. Since our home base is in the Dallas/Fort Worth Metroplex, we most often cater to clients in Dallas, Fort Worth, Arlington, Garland, Plano, Richardson, Allen, DeSoto, Waxahachie, McKinney, Grand Prairie, Denton, Irving, Carrollton, Grapevine, and Rockwall.
We also service Central Texas--primarily Bell County, which includes Temple, Belton, and Killeen.
We are currently opening an office in Harlingen, Texas to service our growing clientele in Harlingen, Brownsville, McAllen, Mission, Edinburg, Raymondville, Port Isabel, South Padre, Pharr, and Los Fresnos.
Consultations
We offer a low initial consultation fee of $75. For our Immigration clientele, we are currently offering weekend and weeknight initial consultations. We regularly receive requests from those outside the Dallas area, and we will make every effort to coordinate a convenient time to meet to discuss your deportation. Please feel free to call us so that we can arrange to speak with you. It's important that you do not delay in finding qualified legal representation as soon as possible.
