For an immigrant, the threat of removal proceedings—also known as deportation—can be the most frightening experience that they can imagine. Most immigrants have established lives in their community—including friends, family, jobs, and more. Being removed to their country of origin would not just be inconvenient; it would be devastating. For many folks, it can mean going to a place where they have no friends, no family, and no support system.
A Jersey City cancellation of removal lawyer could work with you to try to halt the deportation process. There are a few options that a deportation defense lawyer can help people explore to help them stay in the United States.
When the U.S. government seeks to deport a non-citizen from the country, the process is known as a removal proceeding. The Immigration Court, operated by the Department of Justice, handles the process. Immigration judges look at the case and decide whether an immigrant should be removed or if they may be eligible for relief.
There are many reasons why the government might try to deport immigrants. They view some of these issues more critically than others. Violating immigration laws—which can include entering the country without authorization or overstaying a visa—can lead to deportation issues. Convictions for certain crimes can impact immigration status. If the government uncovers any fraud in immigration applications, they can initiate these proceedings as well.
There is also a catch-all provision that allows the government to deport people for other reasons. If an immigrant is alleged to engage in behavior that is somehow dangerous to America, such as supporting terrorist activity, they could be subject to deportation. These allegations could also lead to substantial criminal liability, not only in the United States but also potentially in other locations. Any immigrant facing those allegations needs to consult with a criminal defense attorney and a removal attorney in Jersey City to ensure that they protect themself from those allegations.
Cancellation of removal is a way to avoid deportation and can even provide some immigrants with a pathway to permanent resident status. Green card holders and non-permanent residents can both seek cancellation of removal. However, they have different qualifications.
To qualify for cancellation of removal, lawful permanent residents must have had a green card for at least five years, lived in the United States continuously for at least seven years with any status, and not be convicted of an aggravated felony. While these conditions will disqualify some lawful permanent residents, they protect many green card holders.
For non-permanent residents, the conditions are more challenging to meet. The immigrant has to have been physically present in the United States for at least 10 years. They must be able to demonstrate good moral character during that time. This is where a criminal record becomes essential. While felony convictions can impact a green card holder’s right to stay in the United States, almost any type of criminal history can impact the rights of non-permanent residents.
Finally, they must be able to demonstrate that their removal would lead to unusual hardship to a spouse, parent, or child of the person subject to deportation and that the impacted person is either a U.S. citizen or lawful permanent resident.
The immigration judge has relatively broad discretion when determining whether or not to cancel a removal proceeding. Immigrants need to demonstrate that they deserve to remain in the United States, not only because of how deportation would impact the individual but also how it would impact the community.
The court might look at family hardship. If removal would cause extreme hardship to close family members who are U.S. citizens or lawful permanent residents, the court may cancel removal.
Longstanding community ties are another reason to cancel removal. The court may look at the length of residence, whether someone has a history of stable employment, and the immigrant’s community involvement.
Establishing good moral character can help increase the chances that removal will be canceled. Letters of recommendation, proof of community service, and evidence of the immigrant’s positive contributions to the community can help.
Immigrants do not need a flawless record to qualify for cancellation. If an immigrant has past criminal issues, providing rehabilitation can be helpful.
Deportation proceedings are frightening for immigrants and their families. However, you may have some remedies available. At The Law Office of Eric M. Mark, a Jersey City cancellation of removal lawyer could help you explore your remedies. Schedule a consultation today so we can begin evaluating your eligibility and building a strong case for you.
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