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Cancellation of Removal

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Cancellation of Removal
Cancellation of Removal

Cancellation of Removal Proceedings in Indianapolis

Being placed in removal proceedings is a terrifying experience for many because of the prospect of being deported if you cannot succeed in defending against the removal. At Villarrubia & Rosenberger, P.C., we have experienced deportation attorneys who help clients in the Indianapolis area and throughout the state to successfully defend against deportation.

The first thing you want to do when you or a loved one has been placed in deportation or removal proceedings is to make sure you have an experienced and skilled deportation and removal attorney on your side. Never assume that deportation is inevitable, as there may be defenses that can allow you to remain in the United States, including a possible cancellation of removal.

What is Cancellation of Removal?

Cancellation of removal is one of the immigration benefits one can obtain as a defense against removal/deportation. Removal or Deportation Proceedings give a non-citizen the right to a hearing and to present defenses before a judge in order to remain in the United States. No decision will be made until you have an opportunity to be heard (unless you do not appear to your hearing). Being in removal or deportation proceedings is not having an order of removal or deportation.

As a defense in removal proceedings, green card holders and non-green card holders may apply before an immigration judge to stop their deportation and remain or become lawful permanent residents (green card holders).

Under U.S. immigration law, one may be eligible to obtain a cancellation of removal depending on whether they are a green card holder or a non-green card holder. Green card holders must show that they:

  • Have been a green card holder for at least five years,
  • Have continuously lived in the United States for at least seven years, an
  • Have never been convicted of an aggravated felony.

Non-green card holders must show that they:

  • Have been physically present and living in the United States for a period of 10 years continuously,
  • Have been of good moral character during the 10-year period,
  • Have not been convicted of certain crimes, and,
  • That removal (deportation) would result in extremely unusual and exceptional hardship to a U.S. citizen or green card-holding qualifying relative.

Applying for Cancellation of Removal

Application for cancellation of removal is made in immigration court before the immigration judge assigned to hear the case. The immigration judge has the discretion to approve or deny the cancellation application. This discretion means that even when someone is eligible to apply for cancellation of removal, the immigration judge will consider all evidence and testimony to decide whether to approve your case.

This is one of the reasons why one must have an experienced deportation lawyer because they will know exactly how to present the cancellation of removal application and case before a particular immigration judge to get approval whenever possible.

Speak with a Trusted Indiana Immigration Lawyer

If you are in removal proceedings and wish to successfully fend off deportation, contact Villarrubia & Rosenberger, P.C. today to schedule a consultation. You do not want to face deportation or removal proceedings without an experienced deportation and removal attorney. We serve clients in Indianapolis, Carmel, Danville, Greenfield, Cumberland, Shelbyville, Southport, Greenwood, Marion, and throughout Indiana.

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