Hire a Seasoned Cancellation of Removal Attorney in Long Island

An immigration cancellation of removal is a form of relief granted to foreign nationals in the U.S. who are facing deportation or removal under either Section 212 or 237 of the Immigration and Nationality Act (INA). An individual, however, must already have a pending case in the Immigration Court to be able to apply for cancellation of removal.

Likewise, if your case has been brought to court and you have received a final order for removal/deportation, you cannot apply for cancellation of removal unless you convince the Immigration Court to have your case reopened.

Successful applications have the power to waive certain immigration violations. In addition, the person may be able to stay in the United States and retain or secure a U.S. green card.

Increase your chances of getting approved for cancellation of removal with help from Olivier Roche, an experienced immigration attorney in Long Island. We’ll help you collect evidence, assist with filing, and answer all your questions regarding the application process.

Eligibility Requirements

The criteria for eligibility differ depending on your immigration status. Here’s what you need to know:

For Greencard Holders:

Lawful permanent residents (LPRs), also known as green card holders, can file for cancellation of removal if they meet the following criteria:

• You have been an alien lawfully admitted for permanent residence for at least five years
• You have resided in the U.S. for at least seven years after having been granted any status
• You have not had a conviction for an aggravated felony

For Non-Permanent Residents:

A non-permanent resident or a foreign national who was given the right to stay in the U.S. for a certain period (such as foreign exchange students and individuals with work permits) can apply for cancellation of removal if:

• They have resided in the U.S. for a minimum of 10 consecutive years before the application date.
• They have displayed good moral character during such period.
• They have not been convicted of a felony under INA § 212(a)(2), 237(a)(2), or 237(a)(3).
• They can prove that deportation may result in the “exceptional and extremely unusual hardship” of a parent, child, or spouse who is a U.S. citizen or an LPR. The hardship experienced must be significantly greater than the hardship typically associated with being deported to an underdeveloped country. Note that mere financial hardship does not necessarily qualify for this standard.

How to Apply for Cancellation of Removal

To apply for cancellation of removal for LPRs, you must file a completed EOIR-42A form with the appropriate Immigration Court. The form consists of questions about you, your family, and the time you spent in the U.S., including previous addresses and places of employment.

Be sure to answer fully and accurately as most questions, especially those under Part 7, help the Immigration Judge determine whether you are eligible for cancellation of removal. It’s recommended to seek the help of an immigration attorney when answering the questions.

Once completed, you must pay appropriate $305 filing fee and an $85 biometrics fee. These fees are subject to change, so be sure to check the U.S. Department of Justice’s website for an updated list. Additionally, applicants over the age of 14 are required to have their biometrics taken before the hearing date in Immigration Court.

Finally, a copy of your application must be served on the Assistant Chief Counsel for the Department of Homeland Security (DHS).

For more information on the application process, please visit this link.

Why Hire an Experienced Immigration Attorney

For one, cancellation of removal is a discretionary process and holds restrictive standards for eligibility. Whether you’ll get approved will depend on how well your immigration attorney advocates on your behalf and the immigration Judge’s verdict on your case.

Because of this, hiring an experienced cancellation of removal attorney for your Long Island case is highly encouraged. At Olivier Roche Criminal Defense Attorney, we help ensure that your application of removal is granted. From filling out the application form to building your case for presentation in the Immigration Court, we are ready to assist you.

Contact us today to get a free consultation from a knowledgeable immigration attorney.