Maryland Cancellation of Removal Consequences
Cancellation of removal proceedings require both extreme care and attention. After facing removal proceedings, for both lawful permanent residents and non-lawful permanent residents, cancellation of removal proceedings are often the only avenues of relief available. It takes a great amount of credible information for a judge to grant these proceedings, which is why having the assistance of an experienced attorney is crucial. A knowledgeable lawyer can help an individual craft a defense that serves the best chance of being granted cancellation of removal. The consequences of cancellation of removal proceedings can also sometimes be quite confusing, which an attorney can help map out.
Granting of Cancellation of Removal
If an individual is a lawful permanent resident (LPR) and cancellation of removal is granted, the main consequence will be a reversion back to the same status they were before removal proceedings were initiated. In other words, they will become lawful permanent residents again. Any criminal offense or immigration violation that triggered the removal proceedings will be cleared from the record of the individual. Therefore, it will not be an issue when the individual applies for naturalization.
In this case, if the individual was a non-LPR, the consequence of being granted removal proceedings will be a movement to LPR status. The individual will receive their green card, and five years later, they will become a lawful permanent resident. After that, the individual can then apply for naturalization. After an individual’s cancellation of removal is granted, the removal proceedings will be terminated. If the individual has been detained during removal proceedings, they will be released from detention after cancellation of removal is granted.
Granted as a Battered Spouse or Child
If a person’s violence against women’s act (VAWA) cancellation application is granted, the following procedures will be very similar to those of the two aforementioned processes. In consequence of being granted cancellation of removal, the individual will move into legal permanent resident status, assuming their abusive spouse or parent was a U.S. citizen.
If the abuser was a legal permanent resident, there will be a short waiting period in order for the individual going through proceedings to be eligible for their green card, but they will be placed into VAWA status. It is similar to a deferred action status – an individual is in this waiting period from the time between when they are eligible to get their green card, but their removal proceeding will be terminated.
Denial of Cancellation of Removal
If a cancellation of removal proceeding was denied because of discretionary reasons, or because of what was an error in the application of the law, an individual can apply to appeal it with the board of immigration appeals. Then, they can bring the course to the circuit court. If it was denied for a clerical error, something that the individual possibly didn’t complete correctly, or something else benign, in some cases, an individual can request another hearing to make the correction with the judge. In any case, the judge will issue an opinion and explain the reasons for the denial of the proceedings. An individual is not granted a chance to re-apply. If the cancellation of removal application is denied, then the judge will generally consequence a removal order.
If the reason is something simple, like not getting fingerprinted, in some cases, the judge can grant another individual hearing. Typically, the only option available to an individual will be to appeal to the board of immigration appeals (BIA) as their next step. If cancellation of removal proceedings were denied because of a simple mistake in the application, a judge has the discretion to continue the matter to another hearing date. At this date, an individual can address the issue, but if the reason is something like failure to prove continuous presence or continuous residence, the court will generally deny the case. In this case, an individual will have to appeal it to the immigration court.
Denial as a Battered Spouse or Child
If an individual is a battered spouse or child and their application is denied, they can appeal it to the board of the immigration appeals. In some cases, these individuals may qualify for VAWA status III U.S. CIS, or possibly for U Visa. These consequences all depend upon the specifics of the cancellation of removal case, as to specific routes to relief. If it is denied, the follow-up procedures will generally be the same as with LPR or non-LPR cancellations. If you are confused or overwhelmed by any denial of services, an attorney can help to provide assistance.