Cancellation of removal can provide a defense to deportation, but the process is complicated.
When an immigrant is facing deportation, it is an extremely scary situation. Fortunately, there are defenses available; one of these is a cancellation of removal. The cancellation of removal process is complicated and similar to a trial. Immigrants wishing to remain in the country will have to effectively argue and prove their case. These arguments are made in front of an immigration judge who has the discretion to determine whether to grant an individual a cancellation of removal.
Cancellation of Removal Defense
The defense of cancellation of removal is only available to immigrants that are already in removal proceedings, meaning the Department of Homeland Security is trying to deport them. When a judge grants cancellation of removal, immigrants can then begin the process of remaining in the country legally. Due to the fact that these immigrants are already facing deportation, using the cancellation of removal defense is quite risky. Unfortunately for many, it is the only option.
Considerations with Cancellation of Removal
There are many things to take into consideration when determining if cancellation of removal is appropriate for any specific case.
The first is understanding that cancellation of removal is only available to individuals that are already in deportation proceedings. Many immigrants believe they qualify for this relief even when removal proceedings have not started against them. This is not true. In order to cancel a removal, the removal process must have already begun.
Additionally, even when a person is in removal proceedings, that does not mean they automatically qualify for a cancellation of removal. Individuals who are not a legal permanent resident must show that they have a qualifying family member who will undergo extreme hardship if they are removed from the country. Family members who qualify are spouses, children, and parents who are either a legal permanent resident or a United States citizen.
To prove an extreme hardship, individuals or attorneys must argue their case before a judge. The judge then has the discretion to determine if the hardship is extreme or unusual. There is no concrete list of qualifying hardships. There are even more requirements to cancellation of removal, such as proving a required period of physical presence in the United States, which an attorney can help demonstrate to the court.
Lastly, even when a person is a legal permanent resident, the cancellation of removal process defense is extremely long and arduous. The immigration courts all over the country are experiencing an enormous backlog, which means it takes a great amount of time before a hearing or trial can be scheduled. Eligible immigrants must attend an initial hearing and submit all applications to the court. They will also be fingerprinted. Only after this is the trial scheduled. It can take many years for immigrants to receive their trial date.
Are You Facing Removal? Call Our Tennessee Immigration Attorneys
If you are currently in the removal process, our Nashville immigration attorneys want to help. At Ozment Law, we are passionate about defending immigrants facing deportation and helping them stay in the country. We know how to aggressively argue for a cancellation of removal and help you take the initial steps to secure your future in the United States. Call us today at (615) 321-8888 or contact us online to schedule a meeting with one of our attorneys.