Learning that you are targeted for removal from the United States can be a challenging and confusing situation. Pursuing a cancellation of removal is usually a powerful option, but it can be challenging without legal representation.
There are many unique aspects of this process, which makes it easy for an unrepresented foreign national to stumble or encounter roadblocks. If you find yourself in a situation where you need to contest a government order, a dedicated and specialized deportation appeals lawyer could explain what to know about cancellation of removal in Doraville. For instance, your situation and next steps might differ, depending on whether a judge approves or denies your request. Additionally, some unique wrinkles could make your case more challenging.
If an immigration judge grants someone’s cancellation of removal request, this means that the person has been approved for lawful permanent resident status – they can remain in the United States under a green card. As long as the foreign national can maintain this status without issue, they will no longer need to appear before a judge or immigration court for future hearings.
After having their application granted, a new LPR immigrant needs to request that the Department of Homeland Security process and issue the actual green card, since this document provides official record of their new protection. This might take a while, but an individual will usually receive their green card in the mail once everything has been assessed.
If for some reason an individual was detained by Immigration and Customs Enforcement (ICE) during the process of contesting a removal order, a granted application will release them from custody immediately.
A proactive attorney in Doraville could help a foreign national determine the best next steps after being granted protection from removal.
In some cases, a judge might, unfortunately, deny a petition to cancel a deportation order. They would either announce this decision at the end of a hearing or send notice as a letter. Generally speaking, a judge might deny a request because the applicant did not meet all the qualifying criteria. When announcing the verdict, the judge will explain which requirement the individual did not meet and outline any further reasoning behind the rejection.
If an immigrant receives notice that their cancellation of removal request was denied, they need to remember that can usually challenge the decision. If they submit an appeal within 30 days, a court will usually consider their request. A tenacious lawyer in Doraville could help a foreign national file this appeal or outline what else they need to know about a denied cancellation of removal petition.
When it comes to fighting against a deportation order, there are some unique aspects that make these cases rather challenging. For example, one difficulty is that there are a limited number of cancellations that an immigration judge can grant each fiscal year. This means that each case requires a high burden of proof, especially when demonstrating that the immigrant would suffer extreme hardship if they return to their home country.
It is also crucial for cancellation of removal applicants to include substantial information about their good moral character and compliance with U.S. tax laws. Judges usually consider these aspects to be important, and failure to adequately demonstrate them could lessen the impact of an application. For example, a judge usually wants to make sure that an immigrant has not been claiming fraudulent dependents or filing as a single when they are married. Meanwhile, when it comes to good moral character, a judge might investigate to ensure that a cancellation of removal applicant does not have any DUI’s.
If someone is worried about some of the more challenging things that impact cancellation of removal cases, a compassionate attorney in Doraville could help them protect their rights as an immigrant and resolve any unexpected consequences.
When it comes to effectively fighting against removal proceedings, retaining an attorney with years of experience is key. A positive decision is never guaranteed in these cases, but one of our legal team members could fight to put forward the best possible defense strategy.
A hardworking attorney could begin by thoroughly assessing your circumstances, outlining a possible action plan, and negotiating with a stubborn judge. Call our office today to protect your integrity and learn the things to know about cancellation of removal in Doraville.