Cancellation of Removal Proceedings in Prince William County

The most important thing for non-permanent resident applicants for cancellation of removal is the hardship that needs to be proven. Any family that is going to be without a parent or a child will be an incredibly traumatic situation.

However, in the eyes of immigration law, the applicant must show that this hardship will be outside the norm. An experienced cancellation of removal attorney has the applicable local experience that can benefit the outcome of your case.

Only an immigration judge can grant an application for cancellation or removal. An individual is not eligible for cancellation of removal unless they are in immigration court proceedings. If you are going through the cancellation of removal process, consult with a Prince William Country cancellation of removal attorney.

Necessary Information to Submit for Cancellation

An individual will need to submit medical evidence as a part of the cancellation of removal proceedings in Prince William County. If there is any kind of health problems a person’s qualifying family member, a person wants to certainly document that. A person should get psychological evaluations of the qualifying family member to show that the psychological impacts may be what makes their application out of the norm.

Financial documents can be used as well as evidence of the qualifying family member. The person can show their ties to the community and the United States. They will also need to demonstrate their inability to relocate with the person as well as the hardship that they would suffer if they were to remain here and the person was deported.

Eligibility Requirements

To qualify for cancellation of removal proceedings in Prince William County as a legal permanent resident, a person must have had lawful permanent residency or a green card for at least five years at the time their application is filed. That individual also needs to have continuously resided in the United States for at least seven years, after being admitted to the country in any status.

Criminal Record

An individual must have never received cancellation of removal release in the past or any aggravated felony, and must also show they deserve a favorable exercise of discretion from the immigration judge. A positive discretionary determination will be made by the judge based on the totality of the circumstances.

When Physical Presence Timeline Begins

The clock for cancellation of removal for permanent residents, referred to as the stop-time rule, begins on the date that that individual enters the United States. Even if that individual entered, for example, as a student who later obtained a green card, the date of first entry is used.

When Accrual Ceases

The date their time ceases to accrue is either the date of the notice to appear in immigration court or the date they committed the crime that placed that person into removal proceedings. When an individual commits a crime, that is dealt with under Section 212.82 of the Immigration and Nationality Act.

Burden of Proof

In cancellation of removal proceedings in Prince William County, it is the person’s burden to prove that they have been present in the United States for the requisite period of time. Especially in cases with an undocumented individual in removal proceedings and they want to prove that they have been here for 10 years, many of them do not have any kind of paper trail because they entered illegally.

In those cases, often they do not have proof of their entry and people that entered 20 years ago might not have started filing taxes or making, for example, car and house payments for many years.

Presence of a Paper Trail

They might not have the paper trail or it may be difficult to document, but that is something that a person really needs to address before going to the individual hearing. Because even if a person has a very good hardship claim, it is still the person’s responsibility to prove that they have been here for the 10-year period.

Role of Moral Character

The person needs to prove that they have a good moral character. Even if the person is not statutorily disqualified from a criminal offense, your violation of a person’s criminal offense is qualifying for cancellation of removal, so the person does not have an aggravated felony. The person still needs to prove that they are of good moral character.

If the person has a number of DUIs, none of which will affirmatively disqualify a person for applying for cancellation or statutorily disqualify the person and taken as a full, they may lead to a lack of good moral character determination. An individual needs to make sure they are prepared to defend against that as well in the immigration court.

Process for a Cancellation of Removal

Generally what happens is the individual is arrested for a criminal offense that violates their green card status, and they receive a notice to appear in an immigration court. If they believe they are eligible for cancellation of removal, they prepare the application with supporting documents and supply the court with it.

Then that individual will be set for a hearing, which will adjudicate the factors for cancellation. The judge will make a decision at that point, and if they approve the case, they will release that individual, who will be in lawful green card status again. Even if they have a conviction in their past, it clears the record. If the application is denied, then unless a person has other options for release, that person will be ordered to move.

Length of the Process

It can be a very slow process. The immigration court is extraordinarily backlogged right now. In Arlington, where an individual would be appearing if a person were a Prince William County resident, courts are backed up about five years. A person is only going to be applying for cancellation if it is their only option, and if that individual is already in removal proceedings, that is a form of defense.

It is important to be very well prepared and remember the discretionary determination that the judge will make in the case. It is important to look at the case as a whole, including all the offenses the person had both in the immigration context and in the criminal context.

Importance of Consistency

If the client has those violations on their record, they want to make sure they provide ample positive evidence to the judge during the trial. A person should be very familiar with the statements and documents already submitted in the paper application prior to the trial. The government prosecutor will attempt to disprove the person’s story in court, so they must be well prepared for trial.

Contact Legal Representation

It is very important to have an immigration attorney for cancellation of removal proceedings in Prince William County because this is not a simple process like filling out a form and sending it in the mail and waiting for a response. This is a trial, and in many cases, the application is strenuously opposed by the government prosecutors.

An individual needs to be well prepared and aware of all the potential pitfalls in the case. An experienced immigration attorney that knows the climate of the courtroom and the culture of the individual judges and has experience with the entire process will, therefore, be extremely helpful.