Cancellation of Removal Lawyer

New Jersey Immigration Attorney

An individual can face charges for removal from the United States for a variety of reasons, such as criminal activity or overstay of a visa. You may be entitled to cancellation of removal if you are facing deportation from the United States.

Cancellation of removal is a form of relief that can effectively prevent a removal order from taking place. An immigration judge can grant cancellation of removal, but it is not available for all aliens. Cancellation of removal results in a grant of a green card to an eligible non-permanent resident, and in retention of green card status for lawful permanent residents that are subject to grounds of removability .

As your New Jersey immigration attorney, I can help you determine whether you qualify for this or other deportation defense actions. Call today for the help you need!

Requirements for Cancellation of Removal

You can apply for cancellation of removal only if both of the following are true:

  1. You are subject to deportation proceedings.
  2. You have been already served a Notice to Appear (NTA) by the U.S. government.

Form EOIR 42A must be filed with the immigration court, along with any supporting evidence. The process for an individual facing removal charges will depend on whether the alien is a non-permanent resident or a legal permanent resident. Listed below are the requirements that must be met to apply for cancellation of removal.

Non-Permanent Resident Requirements
Non-permanent residents can only fight deportation if they have been present in the country for a minimum of ten years and can demonstrate "good moral character." In order to prove "good moral character," the alien must not have a serious conviction on his or her records. Additionally, he or she must demonstrate that the removal would result in extreme and unusual hardship to immediate family members who are U.S. citizens or legal permanent residents.

Legal Permanent Resident Requirements
Lawful permanent residents can fight for a cancellation of removal if they have also continuously lived in the United States for at least seven continuous years. Their status as a legal permanent resident must be valid for a minimum of five years. Additionally, cancellation of removal cannot be granted to an immigrant convicted of an aggravated felony under federal law guidelines.

Fighting for Residency in the United States

At the Law Offices of Simone Bertollini, I can fight for you and help you be granted cancellation of removal. Removal proceedings can be difficult and emotional circumstances and I can be by your side throughout the entire process. Take action today before it is too late to pursue your reliefs from deportation. With a knowledgeable and aggressive New Jersey immigration lawyer by your side, you will secure the best chance of winning your case. My firm is committed to addressing every possible defense that can prevent your deportation.

After receiving your notice to appear from the Immigration and Customs Enforcement, it is essential to immediately contact my firm to schedule a consultation with our office.

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