Tuscaloosa Cancellation of Removal Lawyer
Undocumented people, Lawful Permanent Residents (LPRs or Green Card holders), and other non-citizens can sometimes spend many years living in the United States before the government notices. However, if Immigration and Customs Enforcement (ICE) does discover that a foreign national has been living here without documentation, this person could be deported (removed) from the country.
If you or a loved one is facing deportation, you should remember that you might have options for fighting this outcome and staying in the United States. For instance, if your situation fits within certain criteria, a Tuscaloosa cancellation of removal lawyer could petition the immigration court and argue on your behalf. If the court accepts your arguments, you will not be deported and could continue to live in the U.S. Reach out to a dedicated deportation defense attorney today to get started.
Requirements to Cancel LPR Removal
Green Card holders enjoy many of the same rights that citizens hold, including the right to live in the U.S. permanently and work here. However, unless they become citizens, their rights are limited in some ways.
For instance, Green Card holders could be deported if they are convicted of specific crimes. According to 8 United States Code §1227, crimes that might subject a legal permanent resident to removal include:
- Aggravated felonies
- Crimes of moral turpitude
- Domestic violence crimes
- Drug crimes, except for possession of small amounts of drugs
- Fraud against the government
- Gun crimes
If the government believes that a green card holder has a drug addiction, is a “habitual drunkard,” or has engaged in drug trafficking or prostitution, the government could also deport them before they are convicted of a crime.
Which Permanent Residents Can Apply for Cancellation?
Fortunately, when facing deportation, some green card holders can apply for an immigration judge to cancel their removal. For instance, a permanent resident who has been in the country for seven years, had LPR status for at least five years, and was never convicted of an aggravated felony can apply to cancel their removal.
Grounds to Cancel Removal
If a legal permanent resident can demonstrate that they fit into one of three categories, they can often apply for a waiver that would cancel their deportation.
The first option involves an immigrant demonstrating that they have been rehabilitated for 15 years. A second option is for a green card holder to show that their removal would cause extreme hardship to another Green Card holder or U.S. citizen who is their parent, spouse, son, or daughter. The final waiver category is if an immigrant can demonstrate that their spouse or parent who is a U.S. citizen or Green Card holder abused them.
If a permanent resident needs assistance with proving that they are eligible for cancellation of removal through a waiver, a tenacious Tuscaloosa attorney could collect evidence and help them apply for the protection they need.
Cancelling Non-LPR Removal Requires Significant Evidence
Meanwhile, people without LPR status risk deportation every day. Even if they are in the country on a valid visa, any criminal activity could subject a foreign national to deportation. Additionally, anyone in the country on an expired visa or without documentation is subject to deportation at any time.
It is more difficult for someone without LPR status to cancel a removal, but it can be done. An experienced attorney in Tuscaloosa could persuade an immigration judge that a qualifying candidate should not be removed.
Who Qualifies for Cancellation of Removal?
An immigrant who is not a green card holder could qualify for cancellation of removal if they can prove all the following:
- They have lived in the U.S. continuously for at least the past ten years
- Removal would cause severe hardship to their parent, spouse, son, or daughter who is a U.S. citizen or Green Card holder
- They have been a person of good character for ten years
- They have no convictions for crimes of moral turpitude
It is also important to recognize that a court will not entertain a petition to cancel removal from someone who is a habitual drunkard, prostitute, or gambler.
Cancellation of Removal is at Judge’s Discretion
When hoping to avoid removal, an applicant must prove every aspect of their eligibility for cancellation. Their proof of good moral character and extreme hardship must be compelling.
Even if the proof is persuasive and the judge agrees the applicant meets the requirements for cancellation, the judge could still deny the petition. The immigration courts may only award a specific number of removal cancellations every year. This might sound intimidating, but a compassionate Tuscaloosa attorney could help someone prove good moral character and pursue a cancellation of removal.
Get Help from a Tuscaloosa Cancellation of Removal Attorney
Facing deportation from the United States can be an incredibly challenging situation. You have likely invested a lot into your life here and being removed from the country could impact your family life for years to come. Thankfully, if you work with a Tuscaloosa cancellation of removal lawyer, you could increase your chances of staying in the country and keeping your life on track.
For example, if you meet certain requirements, a judge could consider allowing you to stay in the country despite ICE’s attempt to deport you. Call now to discuss your situation with a knowledgeable advocate.