Cancellation of Removal is a relief from removal (deportation) under U.S. immigration laws for non-permanent residents.
It enables individuals who have been physically present in the United States for a specified period of time, have good moral character, and whose removal would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child to apply for cancellation and be eligible to remain in the United States with a grant of lawful permanent residency.
Removal cancellation is not the same as suspension of deportation. Before the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, there existed a kind of respite from removal known as suspension of deportation. It has now been supplanted as the principal source of relief for non-permanent residents by Cancellation of Removal.
If a person is in removal proceedings, a grant of cancellation of removal results in a grant of legal permanent residency, and the removal procedures are halted. If a person is already in removal proceedings and their application for cancellation of removal is refused, they may face deportation from the United States.
If a person receives a final order of removal, their permanent residence rights are affected, and they may be prevented from returning to the United States for a set number of years, depending on the circumstances of their case.
What Are the Requirements for Cancellation of Removal?
A person must fulfill the following qualifications to be eligible for Cancellation of Removal:
- Physical Presence: The person must have lived in the United States for at least ten years before the beginning of removal proceedings.
- Excellent Moral Character: During the 10-year term of physical presence, the person must display good moral character.
- Hardship: The person must demonstrate that their removal would cause extraordinary and highly unusual hardship to a spouse, parent, or child of a U.S. citizen or legal permanent resident.
A removal hearing is a session before an immigration court to determine whether a person is liable to deportation from the United States. A person may offer facts and reasons as to why they should be given relief from removal, including Cancellation of Removal, at a removal hearing. The immigration court will then rule on the individual’s case and decide if they are eligible for deportation relief.
Cancellation of Removal is a discretionary type of relief, which means that even if a person satisfies all of the qualifying conditions, the immigration court can grant or refuse the relief depending on the facts of the case.
Individuals in removal proceedings or who face removal should contact an immigration attorney to assess their eligibility for Cancellation of Removal and to understand their rights and choices throughout the removal hearing process.
How Do I Prove That I Am Eligible for Cancellation of Removal?
A person must meet the requirements listed above to be eligible for cancellation of removal. It is important to provide as much evidence as possible to support each of the eligibility requirements for Cancellation of Removal.
This may include written statements, documentation, and testimony supporting your deportation contention.
How Much Does a Hearing to Cancel Removal Cost?
The cost of a Cancellation of Removal hearing may vary greatly based on various variables, including the case’s intricacy, the hearing’s location, and the attorney’s hourly fee.
Some immigration lawyers offer a fixed price for their services, while others charge an hourly cost ranging from hundreds to thousands of dollars per hour. If required, the cost of counsel may include filing costs, translation services, and expert witnesses.
Individuals may pay charges for drafting and filing their application for Cancellation of Removal and any connected legal expenditures, such as for a bail hearing or appeals procedure, in addition to attorney’s fees.
Before obtaining the services of an attorney, it is essential to understand the costs involved in a Cancellation of Removal hearing and to negotiate the attorney’s fees and associated charges with them. Some immigration lawyers provide a free first consultation, which may assist people in understanding the expenses of the procedure and making an educated choice regarding representation.
Depending on the circumstances of the case, the cost of a Cancellation of Removal hearing may vary from several thousand to tens of thousands of dollars. Individuals facing removal proceedings should speak with an immigration attorney to understand the fees involved in their unique case and guarantee they can manage the removal hearing process efficiently.
Can I Re-enter the United States After a Cancellation of Removal Hearing?
The result of a Cancellation of Removal hearing and the person’s immigration status determine whether an individual may return to the United States.
If the person is granted Cancellation of Removal, they will be permitted to stay in the United States as a legal permanent resident and will not be deported. In this instance, the person may be permitted to re-enter the United States if they depart and have a valid green card and no inadmissibility concerns.
If the person does not get Cancellation of Removal and is ordered to be removed from the United States, they may be prevented from re-entering the country for a length of time or in certain situations, permanently. The duration of the ban is determined by the circumstances behind the individual’s expulsion and any other immigration infractions they may have committed.
Even if a person is not forbidden from re-entering the United States, they may have difficulty getting accepted, especially if they have a history of immigration offenses or criminal convictions.
Individuals who have been deported from the United States or who are facing deportation should contact an immigration attorney to understand their possibilities for re-entry and to guarantee that they can properly present their case. An immigration attorney can help clients through the complicated immigration process and explain the possible ramifications of their removal and the actions they may take to overcome any impediments to re-entry.
Do I Need a Lawyer for Cancellation of Removal Hearings?
While it is possible to represent oneself at a Cancellation of Removal hearing, it is strongly advised that an experienced immigration attorney be retained. Without the aid of a legal practitioner, the immigration court process may be complicated, with laws and processes that are difficult to follow.
During the removal hearing, an immigration attorney may assist clients in understanding their rights and alternatives and guide them through the qualifying criteria for Cancellation of Removal. An attorney may also help with case preparation and presentation, such as collecting and organizing evidence, writing written statements, and cross-examining witnesses.
Having an attorney might also improve your chances of winning the hearing. When counsel represents an applicant, immigration courts are more likely to grant relief because the attorney can successfully plead for the client and make a solid case.
Furthermore, an attorney may be able to negotiate a settlement or arrangement with immigration officials to eliminate the necessity for a hearing entirely in certain situations.
In conclusion, hiring an expert immigration lawyer may considerably improve the prospects of a successful Cancellation of Removal hearing and ensure that the individual’s rights are safeguarded throughout the process.
If you or a loved one is facing deportation and may be eligible for Cancellation of Removal, you must consult with a competent immigration attorney as soon as possible to understand your rights and alternatives.
