Bakersfield California Cancellation of Removal Lawyer

When a foreign national is confronted with being deported, he or she is facing serious possible confronted with serious possible consequences. A deportation order might bar that person from legally entering the United States again. That’s why an aggressive and effective defense must be prepared. You’ll want to consult with a California Central Valley immigration lawyer at Maison Law Immigration Lawyers. You might be eligible for cancellation of removal.

What is Cancellation of Removal?

The relief granted by cancellation of removal is purely within an immigration judge’s sound discretion. It must be sought sometime between the issuance of a Notice to Appear and entry of an Order of Removal. If cancellation of removal is ordered, it operates to adjust a person’s immigration status from deportable to that of a lawful permanent resident.

Eligibility for Cancellation of Removal

There are two separate standards of eligibility for cancellation of removal. They turn on whether a person is a lawful permanent resident. If you’re a permanent resident, the relief might be granted if you meet the following requirements:

  • You’ve been a lawful permanent resident for at least 5 years.
  • You lawfully entered and continuously lived in the United States more than 7 years ago.
  • You have not been convicted of an aggravated felony.

If you’re not a lawful permanent resident, the eligibility criteria are more complex. You might be granted cancellation of removal if you have:

  • Have maintained continuous physical presence in the U.S. for at least 10 years.
  • Are a person of good moral character.
  • Haven’t been convicted of an aggravated felony after November 29, 1990.
  • Haven’t been convicted of a drug offense unless it involved a single marijuana offense of possession of less than 30 grams.
  • Have not been sent to prison for more than 6 months.
  • Have not been convicted of other miscellaneous offenses.

Victims of Domestic Violence

A victim of domestic violence might also be placed in removal proceedings, but he or she might be eligible for cancellation of removal if the following conditions are met:

  • The individual has maintained a continuous physical presence in the United States for a minimum of 3 years.
  • Is of good moral character.
  • Hasn’t been convicted of marriage fraud or an aggravated felony.
  • Extreme hardship would result to the individual or his or her child who is the child of a lawful permanent resident or U.S. citizen.

The evidence in support of your case can be pivotal. In order to maximize your chances of obtaining cancellation of removal, representation of an attorney who is well prepared, protective and effective is needed. If you or a family member have been placed in removal proceedings, you might qualify for cancellation of removal. Contact the California Central Valley immigration lawyers a Maison Law Immigration Lawyers for a consultation as soon as you receive a Notice to Appear. We’re going to listen to you carefully and advise you of all of your options.