Maryland Cancellation of Removal Lawyer

Cancellation of removal is an avenue of relief available to undocumented people and to lawful permanent residents who are in removal proceedings before an immigration judge. It is basically a one-time, discretionary waiver that allows them to cancel the removal proceedings and to either reinstate their green card if they are a lawful permanent resident or obtain a green card if they are undocumented.

A Maryland cancellation of removal lawyer can help walk you through the process of applying and being found eligible to stay in the United States after deportation proceedings have begun. En Español.

Common Uses

Immigration law is a federal matter, meaning the process in Maryland is the same as anywhere else in the country. Cancellation of removal is a great option for many people – especially those who have criminal offenses that can disqualify them from other forms of relief, or those who have been in the U.S. for a long period of time and don’t have any other avenues of applying for permanent status.

An important thing to remember is that cancellation of removal is only available to people who are in removal proceedings. This means that there must be an open case before the immigration court. That said, people who are in the country without status and are not in removal proceedings, cannot apply.

Cancellation of removal is available to anyone who is in removal proceedings before an immigration judge. This could be a green card holder who has done something to violate his or her status, or an undocumented person already in removal proceedings for various reasons. A Maryland cancellation of removal attorney can provide more on whether or not you may be eligible.

Deadline to Apply

There is no deadline to apply. In fact, it is quite the opposite. An application cannot be submitted until removal proceedings have begun.

Ruling

An immigration judge is the only one who can make the decision on these cases. However, if an immigration judge denies the case, one has the option of appealing to the Board of Immigration Appeals, and the circuit court of one’s residence. Sometimes, a higher level judge will make a decision, but it will always be in the court.

Benefits of a Maryland Cancellation of Removal Attorney

There is a lot of discretion that goes into the cancellation of removal cases. Good, moral character needs to be proven to the immigration judge in order to prove a worthiness of a favorable exercise of discretion. In order to accomplish this, a strong case needs to be built to ensure that all requirements to qualify for cancellation of removal are well documented in court.

Points of Note

A person cannot apply for cancellation of removal unless they are already in removal proceedings. It is not something they can affirmatively apply for. People will often ask if it is possible to be placed in removal proceedings in order to apply for cancellation of removal. This is a possibility, however, a prosecutor has to agree to open a case in the immigration court. One also needs to understand that this can be a risky move because these proceedings do involve exercises of discretion. There is no guarantee of approval. Unless there is an issue and notice to appear, one is not eligible.

Another important factor is being able to provide documentation on the physical presence requirements. To simply proclaim a physical living situation in the US is not sufficient. Many times, this presents a problem for undocumented people living in the US because of the lack of documentation in way of a paper trail. Detailed documentation is absolutely necessary. Failure to demonstrate physical presence in the U.S. can cause issues with cancellation of removal, and presents an obstacle for some people. Lastly, hire a Maryland cancellation of removal attorney to handle any and all of the requirements.