Montgomery County Cancellation of Removal Lawyer

Deportation can be a frightening prospect, especially if you have lived in this country for a long time. Fortunately, foreign-born people who are facing removal proceedings or deportation have an opportunity to stop that process.

If you have removal proceedings scheduled, act quickly and contact a Montgomery Cancellation of Removal lawyer. A trusted attorney could help you construct a defense against Cancellation of Removal in MoCo.

Understand Removal Procedures

Unless a person is a citizen of the United States, either by birth or naturalization, that person can be removed, or deported, from the United States under certain circumstances.

Once removal proceedings begin, some foreign nationals may find that the only way to prevent deportation is to apply for Cancellation of Removal. An immigration judge will grant Cancellation of Removal if the application merits approval. However, if the immigration judge denies the application, it can be appealed to the Board of Immigration Appeals (BIA). What happens after Cancellation of Removal is granted depends on whether the application is filed by a person who is a lawful permanent resident.

Lawful Permanent Residents

A lawful permanent resident (LPR or Green Card holder) can only be removed from the country with good cause. Like American citizens, the U.S. Constitution protects LPRs from deportation except in certain situations.

The most common reason an LPR faces removal proceedings is due convictions of certain crimes, including a conviction for an aggravated felony. Several types of crimes render an LPR “removable” from the country, including murder, rape, drug trafficking, and others. In addition to criminal removals, LPRs may also lose their Green Card if they voluntarily relinquish their status or give up their residency in the United States through abandonment.

An LPR who is granted Cancellation of Removal returns to their prior status as a lawful permanent resident and faces no further removal proceedings.

Non-Permanent Residents

Someone who is non-lawful permanent resident does not have a Green Card and is usually residing in the country illegally or on a temporary non-immigrant visa. Often, Cancellation of Removal is the only option a foreign national has to stay in the country. The criteria for non-permanent residents to receive Cancellation of Removal includes:

  • Physical presence in the U.S. for at least ten years;
  • Good moral character;
  • Not be convicted of certain criminal offenses; and
  • Removal will cause exceptional and extremely unusual hardship to an LPR or U.S. citizen spouse, child, or parent

If a non-permanent resident meets these criteria and is granted Cancellation of Removal, that person will obtain lawful permanent resident status. It is important to note that there are only 4,000 granted to non-lawful permanent residents each year.

Consult with a MoCo Immigration Attorney to Discuss Cancellation of Removal Today

It is not easy to receive Cancellation of Removal. Immigrants seeking a waiver have to wade through the complicated forms and procedures involved, then wait for the extremely backlogged immigration system to process their application. Making a mistake in the application can cost valuable time and may lead to denial.

Because Cancellation of Removal is only available once deportation proceedings have started, it is critical for immigrants who may qualify for such a waiver to contact a MoCo Cancellation of Removal attorney as soon as possible.

The paperwork to complete such an application can be complicated. If you are facing removal or deportation, call a Montgomery County immigration lawyer to discuss Cancellation of Removal today to see if you qualify.

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