Prince William County Cancellation of Removal Lawyer

Cancellation of removal is a benefit that is available to legal permanent residents and to undocumented individuals who are in immigration removal proceedings. If they meet certain criteria such as having a certain amount of physical presence in the United States and have any qualifying family members who are going to suffer if they are ordered removed.

If you have questions about your status or need more information on how you could qualify for cancellation of removal in Prince William County, speaking with a distinguished immigration attorney can be impactful for your case. A Prince William County cancellation of removal lawyer has local knowledge and experience with this level of immigration case and can help you assess the future outcome of your case based on the strength of your qualifying factors.

Common Reasons for Facing Removal Proceedings

The most common way for a lawful permanent resident to find themselves facing removal proceedings is by committing a criminal offense that violates their legal status. In some cases, that would be by committing a crime involving moral turpitude if an individual has had a green card for less than five years.

Another common way to be placed in removal proceedings is by abandoning residency by remaining outside the United States for a period in excess of six months. At that point, upon the attempt to return, the consular officer might  determine that the person has abandoned an individual lawful residency in the United States. They would then place that individual into removal proceedings.

Also, if an individual has ever committed an aggravated felony, that individual will be placed in removal proceedings and become ineligible for cancellation of removal. Only a limited number of legal permanent residents will qualify for cancellation of removal after being placed into proceedings based on the crime that put them into removal proceedings, to begin with. It is easier to overcome abandonment of residency than the criminal barriers to a cancellation of removal of residency. The judge has discretionary decision-making in these cases.

Types of Cancellation of Removal

There are separate types of cancellation of removal. One is for lawful permanent residents who are placed into removal proceedings usually because of a criminal conviction or because they have abandoned their residency and the other one is for non-permanent residents.

There is one other type of cancellation of removal which is related to the affirmative VAWA application which is considered a special cancellation for individuals who had been victims of abuse at the hands of a legal permanent resident or citizen.

Common Methods of Cancellation

Cancellation of removal usage is the same in Prince William County is the same as it is used everywhere throughout the country. Residents would be appearing in immigration court in Arlington. The most important thing to remember is that a person cannot apply if they are in removal proceedings of an immigration court because they are not eligible.

Prince William County cancellation of removal lawyers use cancellation as a defense against removal. It is not an affirmative benefit that a person is eligible for because they have to meet the criteria.

Unique Aspects of Removal Cases

Prince William County cancellation of removal lawyers consider families on the non-lawful permanent resident (LPR) shuffle cases. Removal proceedings where an individual has a family and qualifying relatives are emotionally difficult. If somebody is detained and they become committed to mandatory detention and have not been granted bond it can be especially tough to deal with as a family. It can be a long-term detention for somebody when they are waiting for their individual hearing.

Role of a Prince William Cancellation of Removal Attorney

In these cases, having an immigration attorney is absolutely essential for a courtroom setting. The government prosecutor will be trying to do everything they can to poke holes in the person’s story, against the person’s claim for hardship. Sometimes there are issues of proving timing and proving the date that they entered.

A Prince William County cancellation of removal lawyer can help show that they have spent the required amount of time in order to qualify. It is crucial to have an attorney in these cases, especially for non-permanent residents where the person also has that additional extreme and unusual hardship requirement to meet.