THE BIG WIN
Facing removal proceedings is a frightening experience not just for the individual, but for their families and loved ones. When in removal proceedings, the most important thing to understand is what remedies you may qualify for. Cancellation of Removal is only available to those that are in removal proceedings so you can only apply for it if you have an open case in front of an immigration judge.
Under section 240A(b) of the Immigration and Nationality Act (INA), an individual may be able to have their removal canceled if:
-they maintained continuous physical presence in the U.S. for 10 years or more
-they have good moral character
-they have no convictions under section 212(a)(2), 237(a)(2), or 237(a)(3) of the INA
-their removal would result in exceptional and extremely unusual hardship to their qualifying relatives and
-they are deserving of favorable exercise of discretion
The biggest problem a lot of people face in these kinds of cases is meeting the exceptional and extremely unusual hardship burden as required by statute. To meet this standard, you must show that your deportation would cause your child, spouse or parent to suffer a hardship, which would be substantially worse substantially worse than the hardship that is to be expected from deportation alone. Prior to the hearing, your lawyer should have exhausted every possible avenue in order to present your case in front of the judge in the best light possible.
Unlike Cancellation of Removal for Permanent Residents, you do not need to be a greencard holder to qualify for this benefit. However, these cases are among the hardest to win in immigration court. It’s important to contact an attorney as soon as possible so that they could discuss any potential remedies you may have. Call our office for a free consultation and see if there is something that we can do to help you and your loved ones.