Leesburg Cancellation of Removal Lawyer
Cancellation of removal is an immigration benefit that exists for individuals who are placed in removal proceedings, otherwise known as deportation proceedings. To qualify for cancellation of removal, one needs to meet certain criteria in order to be able to remain in the United States and acquire lawful permanent resident status otherwise known as a Green Card.
For more insight about qualifying for cancellation of removal, schedule a consultation today. A Leesburg cancellation of removal lawyer can take the time to learn more about your case and inform you of what to do next.
Who Applies for Cancellation of Removal?
The individual who applies for cancellation of removal is the person at risk of being removed and sent back to their country of origin. One of the unique aspects of cancellation of removal cases is that, if cancellation of removal is granted, they may be able to obtain a Green Card in the process. This is very different than what individuals normally do, where someone else needs to petition for them in order to acquire a Green Card.
The immigration judge presiding over the case determines whether someone merits a favorable finding of cancellation of removal. For Leesburg, Virginia, that will mean that the immigration court in Arlington is where that decision will be made.
Deadline for Applying for Cancellation of Removal in Leesburg
The immigration judge sets a deadline for applying for cancellation of removal. Usually, there are two immigration court hearings that happen – first the Master Calendar Hearing and then an Individual Merits Hearing. At the first hearing, the Master Calendar Hearing, the immigration judge will require that individuals submit their applications for relief before a certain deadline. Then at the second hearing, the Individual Merits Hearing, the individual at risk for deportation will argue their case for remaining in the country. During both proceedings, it is vital for individuals to work with a cancellation of removal attorney in Leesburg.
Things People Should Know About Cancellation of Removal
The first thing people should keep in mind is that this is not an affirmative application. Cancellation of removal can only be pursued in removal proceedings. One can only be placed in removal proceedings by being issued a Notice to Appear by Immigration and Customs Enforcement (ICE) and then having ICE turn that NTA over the immigration court.
Second one musty demonstrate at least ten years of physical present in the U.S. In regard to the presence requirements, it is calculated in a particular way where there are instances that stop that clock and prevent individuals from accruing ten years of physical presence. For example, while someone may have been residing for 20 years in the United States unlawfully, if the Notice to Appear was issued to the individual at the time of entry, they have zero days of physical presence in the United States, in which case they will be ineligible for cancellation of removal.
Lastly, it is important to keep in mind that eligibility for cancellation of removal requires demonstrating exceptional hardship to a qualifying relative. The hardship standard that needs to be met is not an easy standard to meet. Therefore, documentation of the hardship that will be faced by the qualifying relative may be the most important factor in cancellation cases.
Schedule a Consultation with a Leesburg Cancellation of Removal Attorney
Having an immigration attorney when facing removal proceedings is something that individuals should do no matter what. The percentage of success rate between those who are not represented versus those who are represented is staggering. So, no matter what is happening, if someone is facing removal, hiring an immigration attorney is paramount.
To get started on discussing the details of your case, reach out to a Leesburg cancellation of removal lawyer today for help.