Prince William County Cancellation of Removal Application

Prince William County cancellation of removal applications for non-permanent residents requires having been in the United States for 10 years or more, continued physical presence in the United States and,  a qualifying family member who will suffer extreme and unusual hardship if the individual is deported.

The first thing a skilled cancellation of removal lawyer will look for in a person’s case is whether or not they meet basic requirements. Basic requirement checks include confirming that there is a qualifying relative, assessing the requisite amount of time and whether or not their client has a criminal record.

Personal Qualifying Factors

The qualifying family member can be a child, a parent, or spouse and the extreme hardship needs to be more than a situation in which an ordinary family would feel the pain if the parent or a child was being deported. A person needs to prove that the qualifying family member’s hardship is going to fall outside with what the normal family would feel in the same situation.

It is easier to submit the Prince William County cancellation of removal application for a legal permanent resident. They need to prove that they have evidence of years of physical presence within the United States, and at least five of those needs to be with a legal permit that enables them that resident status.

They also need to show that they are not barred from applying for cancellation due to criminal grounds like they could not have been convicted of an aggravated felony and they need to prove good moral character as well. Those types of cancellations need to prove good moral character.

Granting Cancellation of Removal

An immigration judge in the Arlington immigration court would be the arbitrator of the case. If the person is denied and they want to appeal the case, they can do so and that would be done first by filing an appeal with the board of immigration appeals and then if they are denied at that level, the person could appeal to the fourth circuit.

Application Deadline

The deadline is going to be imposed by the court because the person has to submit Prince William County cancellation of removal applications as a form of appeal. However, it can only be submitted once an individual is placed in removal proceedings. The important thing part of the application is the individual’s presence in the country for either the seven-year period or the ten-year period depending on whether or not the person is a legal permanent resident or undocumented.

There will be a cutoff date for when that time ceases to accrue is the date that will be on the notice to appear. Once a person’s removal proceedings are initiated, the person will receive a notice to appear in the immigration court and the date of that notice will be the date that the clock stops from the date that the person has entered.