Atlanta Cancellation of Removal Lawyer
When you are currently facing deportation from the United States after having lived here for a substantial amount of time, you may be eligible for a waiver of deportability, also known as “cancellation of removal.” This is a form of relief from removal proceedings initiated by Immigration and Customs Enforcement that is reserved specifically for individuals who have demonstrated good character and have established permanent residence in the U.S.
An Atlanta cancellation of removal lawyer can provide vital information and advice about how this unique type of relief and whether you might be eligible to seek it yourself. If you are, your dedicated deportation defense attorney could help you build the strongest and most comprehensive case possible in favor of you being allowed to establish status as a lawful permanent resident.
Eligibility for Cancellation of Removal
As an experienced attorney could explain, the criteria someone must meet to be eligible for cancellation of removal in Atlanta and throughout the United States vary somewhat depending on whether they were Legal Permanent Residents or not when their removal proceedings began. Someone who had LPR status at the beginning of their removal proceedings must establish through extensive evidence that they have:
- Maintained lawful permanent residence in the U.S. for five years minimum
- Maintained continuous residence in the U.S. for seven years minimum
- Have never been convicted of any offense considered to be an “aggravated felony”
Individuals without LPR status, on the other hand, must prove they maintained physical presence in the U.S. for 10 continuous years and furthermore show that:
- They demonstrated good moral character during that period
- They have no prior convictions for certain criminal offenses
- Removal at this time would result in exceptional and unusual hardship on family members of theirs who are currently citizens or lawful permanent residents.
Immigration judges have a great deal of leeway during petitions of this nature to consider community/family ties, past community service, length of residence here, and other factors when deciding whether to grant a waiver of deportability.
Applying for a Waiver of Deportability in Atlanta
An individual who seeks cancellation of removal in Atlanta must fill out Form EOIR-42B—or have a qualified lawyer do so on their behalf—and submit it to the Immigration Court along with a $100 filing fee and fees for any biometrics screening deemed to be necessary. An applicant must also serve copies of all submitted documentation to the Department of Homeland Security’s Assistant Chief Counsel.
Various supporting documents and types of evidence may be necessary to establish eligibility for a waiver of deportability, potentially including:
- Birth records, leases, employment records, tax records, and other evidence establishing both residence and physical presence in the United States
- Proof of a legitimate familial relationship with individuals who would experience hardship upon the petitioner’s removal
- Written and/or verbal testimony establishing good moral character
- Copies of any applications submitted to USCIS and/or documents issued by DHS related to the petitioner’s immigration status, with the original documents ready for inspection during ensuing hearings
Guidance from seasoned legal counsel can be key to efficiently collecting and effectively presenting information in support of a cancellation of removal petition.
Talk to an Atlanta Cancellation of Removal Attorney About Legal Options
Cancellation of removal is not possible for everyone facing deportation from the United States, and there are various ways in which someone who meets the basic eligibility criteria listed above may still be ineligible for this type of waiver. If this is a possibility for you, though, it is absolutely one you should explore and attempt to utilize to the fullest extent possible.
Representation from a capable Atlanta cancellation of removal lawyer could be vital to doing just that. Call today to learn more.
