When a person is in the country legally, they may think they are immune from deportation. However, any non-citizen can be subject to deportation. Depending on the circumstances of the removal, you may have been just living your life, unaware you were doing something that could subject you to deportation. Other times, a single wrong decision can lead someone down an adverse pathway. Even if you have lived most of your life in the United States, deportation could result in you being returned to a country of origin that is not your home.
Fighting the removal process vigorously with help from a seasoned deportation defense attorney is essential. Many non-citizens qualify for relief, known as cancellation of removal. If you are a permanent resident who has continuously resided in the United States for at least seven years, with five of those as a lawful permanent resident, you may qualify. Non-permanent residents need 10 years of continuous residency to qualify. Generally, though not always, you cannot have any aggravated felony convictions. While you cannot file for an anticipatory cancellation of removal when you find out you have something that can qualify you for deportation, you can take steps to correct the underlying problems. Talk to a Newark cancellation of removal lawyer to find out more.
A successful cancellation of the removal process involves balancing the pluses and minuses of deporting someone. A respondent must prove that their removal would lead to hardship to immediate family members, such as spouses, children, or parents, who are permanent residents or citizens.
In addition to proving a hardship, a cancellation of removal lawyer in Newark could show a person’s connections with the community and good moral character. Some things that can work against a person are if the person has entered the United States illegally, overstayed a visa, violated any provisions of U.S. immigration law, or committed an aggravated felony.
A removal proceeding occurs when the U.S. detains a non-citizen and seeks to deport them. The government seeks to deport people for two main reasons: violation of immigration laws or violation of criminal laws.
The first step in the removal process is detention. The government might detain someone and choose to keep them in custody during the removal process or release them on bail. One of the jobs of a Newark lawyer is to seek conditional release for people facing cancellation of removal proceedings.
Whether or not someone will get bail may depend on the reasons for their removal proceedings. Any violation of the rules for legal residency in the country, such as overstaying the length of the visa, can lead to removal proceedings.
The government might choose to deport people for criminal or potentially dangerous behavior. Participation in any crime can put someone at risk for deportation, including:
Get a successful resolution in a cancellation of a removal proceeding after a conviction for these crimes is challenging. The best strategy in those cases is a vigorous defense against the underlying criminal charges.
Facing deportation proceedings can be overwhelming. You may be in a detention facility far away from home. As long as you are detained, you may be unable to work, putting your family in financial jeopardy. The sooner you begin working with a Newark cancellation of removal lawyer, the sooner you can understand your options and plan a strategy. Schedule a consultation to learn more.