Hiring a Maryland Cancellation of Removal Attorney

Often times, when facing removal proceedings, both lawful permanent residents (LPRs) and non-lawful permanent residents (non-LPRs) have no option but to file for cancellation of removal. Therefore, it is important if you are facing removal proceedings, to hire a cancellation of removal attorney in order to help ensure that the best possible defense is presented based on the particular elements of your case. Only an experienced lawyer can assist you in properly approaching your case in order to execute a favorable outcome.

Uniqueness of Cancellation of Removal

The unique aspect of cancellation of removal cases is that an individual is not eligible to apply for it unless they are in removal proceedings. That is often the most common question an attorney is asked from people who are looking for an immigration attorney.

Some people will hear various things, such as an option of obtaining a 10-year green card. Individuals will receive this information many times from notable people who advertise these things in an attempt to get people to apply for things they are not eligible for. Many people will assume they are eligible once they have been in the U.S. for 10 years, believe they can prove suffering, and want to start removal proceedings before they are eligible.

Challenges

Many times, difficult emotional issues typically present in violence against women act (VAWA) cases, and non-LPR cases can make a case challenging on the part of the attorney. The continued discussion about suffering families can be emotionally taxing. A further challenging aspect in some non-LPR cases is when someone has been in the U.S. for an extended period of time and has met the physical presence requirements, but they do not have any kind of documentary evidence to prove it.

Before Applying for Cancellation of Removal

First, an individual should make sure they must meet the threshold requirements to apply for cancellation of removal. These include requirements such as proof of physical presence in the U.S., and that the individual is not disqualified under any criminal grounds. In non-LPR cases, attorneys will immediately look at how to prove extreme suffering of the qualifying relative. With VAWA cancellation cases, an attorney will look at how they can supplement the record to prove abuse.

The most common question a potential client has about cancellation of removal proceedings is if they can apply if they are not currently in removal proceedings. The answer to this question is no. The other question attorneys frequently receive is how an individual can document any hardships placed upon their family, and how they can classify as extreme or unusual. This is a case by case determination, and is usually determined by telling the individual family story.

Qualities of an Experienced Attorney

An individual going through cancellation of removal proceedings will need an attorney who has a lot of experience working these types of cases, and has actual court experience where an individual will be adjudicated. It is important for an attorney to know the audience, the court, the culture, and the judge who will hear the case. Also, knowing the climate of the hearing is important, because the approval ratings can be drastically different among courts, and between individual judges within the same courts. That is why hiring an experienced cancellation of removal attorney is crucial in helping to produce favorable results.