The process that was formerly referred to as Deportation’ is now called Removal’, it compels foreign nationals whom the Government deems unworthy of residency to leave the country for a prolonged period. There are a variety of reasons for the U.S. Customs and Immigration Services to remove someone. Any foreign nationals who have entered the country illegally and commits a crime while there is at particularly high risk of removal. The accused are given a formal hearing during which they can present evidence to refute the allegations presented by the immigration authorities. The penalty for removal is a ban from re-entering the U.S. for ten years.
If you fear you are at high risk of removal, you have the right to leave voluntarily. Historically the Government has been more lenient with foreign nationals who have left voluntarily, and it increases your chance to remain on an excellent legal footing with the Government. In some cases, you might be allowed to return to the U.S. after three years. It is of paramount importance that you retain all relevant documentation pertinent to your removal, including any surrendered visas or airline tickets.
We understand the stress and anxiety people who are facing removal are experiencing. If you meet a specific criterion, our team of experienced deportation attorneys might be able to build a case for the cancellation of your removal order, thus permitting you to stay in the U.S.
Are you eligible for cancellation of removal?
To find out if you meet the criteria for cancellation of removal, you need to fill out form 42b and have achieved at least the following criteria.
- Have you lived continuously in the U.S. for more than ten years?
- Throughout that time have you maintained a clean criminal record, and have you always been “a person of good moral character.”
- Will your removal result in extreme or exceptional hardship to a citizen of the U.S. or to a Spouse, Child or Parent who legally resides in the United States?
Our attorneys need to convince the presiding judge that you have earned the right to stay, which in many cases is down to a judge right to exercise discretion.
Meeting all the above criteria, while challenging is not impossible. Even if you feel there the slightest chance you meet the above requirements for cancellation of removal, then you should consult an immigration attorney immediately. An attorney will be able to guide you through 42b cancellation of the removal process, ensuring all forms are completed correctly and gather evidence to support your case in court.
The most crucial factor in winning a case against removal is to work within the law. Operating outside the law will only result in your inevitable removal and all the hardship that comes with it. You will be guaranteed to lose any right to appeal if you do not show up for a hearing as requested. If you have received notice of a hearing, please do not hesitate to contact us today. Every day that you delay the process, the harder it makes it for our attorneys to build a strong case for you to stay.