Our Approach to Cancellation of Removal Cases in DC

When looking for an immigration attorney for help with a cancellation of removal cases, you should look for someone who has a lot of experience in doing them. It’s important to know the judges and to know the climate of the immigration court that you’re operating in. It’s also important to have a cancellation of removal lawyer in DC who is familiar with proving hardship.

Things to Look For in a DC Cancellation of Removal Case

The first thing our immigration attorneys look for in cancellation of removal cases is that the person meets the basic statutory requirements for cancellation. This will differ from legal permanent residents to non-permanent residents and it will also be highly dependent on the person’s criminal record.  An aggravated felony will disqualify you from cancellation of removal. So the first thing we look for is to make sure that they meet the prima facie requirements before moving forward.

The most challenging aspect of cancellation of removal cases part can often be the opposition from the trial attorney in the case. Sometimes you may think that your case is a slam dunk with some very strong hardship factors, but the government attorney can take another approach and you have to really be ready to fight it out in court.

Important Issues in DC Cancellation of Removal Cases

One unique thing is the time you need to prove that you’ve been physically present in the United States in order to qualify. For cancellation of removal for legal permanent residents, you need to prove that you have seven years of continuous physical presence in the United States in order to qualify. If you’re applying as a non-permanent resident, you have to prove that you have ten years of residence in the United States. This can be another challenge, especially for people who are undocumented and who entered without inspection, because creating a paper trail for someone who has been living in the United States for a decade unlawfully can necessitate a little bit of creative thinking.

Common Questions

The most common question that we get from people about cancellation of removal is whether or not they can apply for it if they’re not in immigration proceedings. The answer to this is no. Unfortunately, there are a lot of people out there who meet all of the requisites for cancellation of removal but they are not in removal proceedings. So they have not been issued any notice to appear. For most people, this is good because you don’t want to be in removal proceedings, especially if you’ve been here for a number of years. But sometimes it’s in people’s best interest to be referred to the immigration court because it’s only when you are actually in front of an immigration judge that you can apply for cancellation of removal.

DC Cancellation of Removal and Deportation Defense

Cancellation of removal can be a key defense for many individuals who may not have had other options during the time they’ve been present in the United States. A lot of people can be eligible for cancellation but have never applied for it because you are not eligible until you are in a removal proceeding. It’s really a last ditch way to remain in the United States for people who didn’t have options before they were in immigration proceedings.