After Cancellation of Removal is Granted or Denied
If your removal proceedings are terminated, so you’re no longer in deportation proceedings in front of a judge. You become a legal permanent resident unless you commit another crime that violates your status. If you’re a non-legal permanent resident, you could be granted your residency and if you are in LPR, you’ll be reverted to the former status you had.
Below is more specific information on the implications of what a cancellation means and why it may have been denied. For more information on this topic, consult with a DC cancellation of removal lawyer today.
If You Were Detained, What Happens If Cancellation is Granted?
You will be released. If you had a criminal record that subjected you to mandatory detention, you may have been sitting in jail for the whole time the case was pending. In these cases, when the case is closed, if it’s denied, you’ll be deported unless you appeal, and if it’s approved you’ll be immediately released and placed into LPR status.
If you have criminal issues, the crimes that made you deportable or that triggered the removal proceedings will be cleared from your immigration record, though they may still come up again if you apply for naturalization. But the same crimes can’t trigger removal proceedings again. And, in the case of non-legal permanent resident, you’re actually able to obtain legal status at that point.
If Your Cancellation of Removal is Denied, Can You Apply Again?
No, you can’t apply again because if you’re in removal proceedings and if your only application for relief is denied, they’re going to execute your order of removal.
You will, however, find out why you were denied. In many cases the judge will issue an oral decision the day of the hearing. In some cases, they’ll also wait to issue a written decision in your case explaining all the reasons for the approval or denial that will be mailed to you and your attorney after the court date.
VAWA Cancellation
If you VAWA cancellation is granted, your removal proceedings will be terminated and you’ll be in lawful status in the United States. It’s the same type of status is granted.
What Happens if Your VAWA Cancellation is Denied?
That’s really a case by case determination because a lot of times especially with battered spouses, you could have other options for release or for prosecutorial discretion. So, you may be able to obtain a grant of prosecutorial discretion or you may have other options like asylum or a U visa. There are other options that may be available to you, but it’s a case by case determination.