DC Cancellation of Removal Proceedings For Non-Permanent Residents
If you are a non-permanent resident and have been placed in deportation or removal proceedings, the following is what you should know regarding how non-permanent residents are sent to proceedings and who decides whether or not you are deported. For more information on removal proceedings or to discuss your specific case call and schedule a consultation with a DC cancellation of removal attorney today.
Click the following links for more information on the application process, when to apply, or eligibility requirements involved with the cancellation of removal for non-permanent residents.
Definition of a Non-Permanent Resident
A non-permanent resident includes a wide range of people in different legal statuses. There could be people that are non-permanent residents who are here on a student visa or work visa or a number of other temporary immigration statuses. Most of the time, however, it will involve people who are present in the United States without status at all or “undocumented” individuals.
Undocumented people are technically eligible to be placed into deportation proceedings at any moment because they’re illegally in the United States. However, actually getting picked up by ICE and having removal proceedings initiated against you usually happens when you are picked up for a criminal violation and are detained. In these cases, ICE can do rounds and they’ll check people’s identities who have been detained, even if it’s just for a short period of time. So, even if it’s not a criminal offense that would make you deportable, you can be placed into removal proceedings if you’re kicked up by ICE and discovered to be illegally present in the U.S. in another way.
Common Ways Non-Permanent Residents See Removal Proceedings
Within the last couple of years by far the most common way has been to be caught committing a crime. When you’re in criminal detention, ICE will discover that you’re here illegally. But, in the past, ICE has also done raids in workplaces and has shown up at families’ homes when they suspect they’re here unlawfully, and they can still legally do that today. Though it’s increasingly rare if you don’t have a criminal encounter, any kind of other encounter with ICE can land you into removal proceedings, even if you’ve been here for decades. You’re really subject to removal proceedings at any moment if you’re here in the United States without status.
Who Decides Whether to Grant Cancellation of Removal?
An immigration judge or the Board of Immigration Appeals if you appeal the case. If you appeal the case from the BIA, a federal circuit court could make the ultimate decision. Most cases are decided at the EOIR immigration court level.
Importance of An Experienced Attorney
There are so many ways that an immigration attorney from our firm can help you when you are a non-permanent resident facing removal. We approach each case by first learning about the client’s unique needs and circumstances, which helps us to understand what steps to take later in the process. Call today to help us learn about you and your case. Your initial consultation is available and requires no commitment.