For Non-Lawful Permanent Residents
In this video, immigration attorney Carlos Batara shares strategies for proving you deserve cancellation of removal at immigration court.
There are three types of cancellation of removal.
There are separate programs for lawful permanent residents, immigrants who are not lawful permanent residents, and abused immigrant spouses of U.S. citizens and lawful permanent residents.
Each of these immigration programs has different requirements.
In this video, Deportation Defense Trial Attorney Carlos Batara discusses cancellation of removal for non-green card holders, immigrants who arrived without permission or who have overstayed their authorized visits.
The Last Chance Defense For Undocumented Immigrants
If you’re here without legal documents, you may qualify for a defense known as cancellation of removal if you are detained by immigration officers.
It gives immigrants who feel trapped – who feel there is no way to fight deportation – one last opportunity to fight back.
A last chance defense against removal.
To start, three questions must be answered:
- Have you lived in the United States for 10 straight years? If you have left the U. S. and then returned, back and forth, you probably will not meet this requirement for cancellation of removal.
- Have you stayed away from serious criminal problems? Many convictions which are relatively minor in state courts may be perceived as more serious at immigration court hearings or as transgressions that illustrate bad moral character.
- Do you have a close family member with legal immigration status? You need a wife, husband, child, or parent who is a lawful permanent resident or U.S. citizen. If you don’t have such a relative, you will be disqualified from cancellation of removal.
If the answer is “yes” to all three questions, applying for cancellation of removal may be your one and only chance to stop your deportation.
To earn cancellation of removal, you have to win a trial at immigration court. This is not something you should try to do on your own. Too many immigrants have tried that path – and lost.
Even if you answered yes to the three questions above, you are not assured victory. You must still prove your qualifying family members will suffer “exceptional and extremely unusual hardship” if you are sent back to your home country.
Recommended Reading On Cancellation Of Removal:
The Totality Of Circumstances Test Under Cancellation Of Removal
The Challenge Of Direct And Indirect Hardship Factors In Cancellation Of Removal Cases
Why The Cancellation Of Removal Standard Used By Immigration Courts Is Unconscionable
Ready to take a serious and honest look at the strengths and weaknesses of your immigration case? Let’s get started with a personalized strategy and planning consultation . . .
