Fairfax Cancellation of Removal Lawyer
Cancellation of Removal is a type of benefit that individuals in removal proceedings before the EOIR immigration court can apply for. It is a way that individuals, often with no other options for immigration release, can apply to terminate their removal proceedings and obtain the status of a legal permanent resident (LPR).
The cancellation of removal is accessible to people who are in removal proceedings in front of the immigration court and meet all the other qualifications, which a cancellation of removal lawyer in Fairfax can discuss with clients in further detail. In order to apply, it is essential to work with an experienced attorney, who will be well equipped to guide and advise through the lengthy and complex process.
Application Eligibility
Cancellation of removal is used in Fairfax the same way it is used in the rest of the country, because immigration law is Federal. It is used by people who are in removal proceedings. One important thing to remember about it is that those who are not from the immigration court are not eligible to apply.
While one may meet all other qualifications, they are still not going to be eligible for it until they are actually put into removal proceedings. The process typically applies to people that have been in the United States for extended periods of time and meet all the other statutory requirements. It is most commonly used when people do not have other options, such as family members through whom they can adjust their status or other types of release.
Who Has the Authority to Approve the Application
Only an immigration judge can grant an application for cancellation of removal, because it is only accessible to people who are in immigration court. It can also be granted by a higher court if, for instance, the EOIR immigration judge denies the case.
Appealing a Decision
It is possible to appeal it to a higher court by going from the board of immigration appeals to a federal circuit court. The higher courts could then potentially reverse the decision of an immigration judge. A cancellation of removal lawyer in Fairfax will be able to discuss the various options available as well as the potential likelihood of success in each individual case.
Applicable Timeline
There is no deadline, but the timeline is very important because applicants do have to meet certain statutory requirements for presence in the United States before they are eligible to apply for cancellation and the clock stops ticking on the time that they will have accrued.
The timeframe is important, but there is no deadline and there is no cutoff. If, for instance, someone has been in the country for 30 years, it does not make them ineligible. The longer they have been in United States, the better their case would be.
How an Attorney Can Help with the Proceedings
It is important to have a cancellation of removal lawyer in Fairfax for many reasons. Chief among them is because there are very stringent statutory requirements that applicants need to meet and prove in order to be granted cancellation. It is particularly important in cases involving immigrants who have criminal offenses on their record, and also in cases where people who are not green card holders are applying for cancellation of removal.
One of the requirements for these individuals is that they prove both that they are a lawful permanent resident or US citizen and that family members will suffer extreme and unusual hardship if they are not present in the United States. This is a highly discretionary argument that needs to be made, and one which will be generally pretty highly contested in immigration courts. So it is important to have a strong, experienced advocate, which a cancellation of removal lawyer in Fairfax will be.