Cancellation of Removal for Non-Permanent Residents
Due Process Rights for Foreign Nationals Facing Deportation
The Law Office of Maria Jones has an excellent record for providing comprehensive and effective deportation defense for non-permanent immigrants who face deportation proceedings in Immigration Courts.
If you are a foreign national who has been detained by Immigration and Customs Enforcement (ICE) for being in the country illegally, in most cases you will not automatically be removed (deported) from the country. The Immigration and Nationality Act allows you due process rights.
You have the right to appear before an Immigration Judge during a removal proceeding. The judge will weigh the evidence presented by you and by Immigration and Customs Enforcement before rendering his decision.
Deportation Defense Strategy: Cancellation of Removal
One of the defenses available to you during a removal proceeding is called a Cancellation of Removal. Your best opportunity to avoid deportation may be to hire experienced legal counsel. Our legal staff has extensive experience in defending clients during Removal Proceedings, in order to help them to stay in the country.
During proceedings, we can request a Cancellation of Removal for Non-Permanent Residents. To be eligible for cancellation of removal, you must establish before a Judge that:
You have physically lived in the U.S. continuously for the 10 years prior to being served the Notice to Appear in immigration court
During the 10 year period, you cannot have been out of the country for longer than 180 days during that 10 year period, and one trip cannot be longer than 90 days
You have shown good moral character in that 10-year period
You have no aggravated felony convictions (drug crimes, theft, domestic violence)
Your deportation would cause exceptional and extremely unusual hardship for your husband/wife, parent or child who legally reside in the U.S.
Providing Evidence of Good Moral Character
A deportation defense attorney from Maria Jones Law Firm will provide evidence during the proceeding to demonstrate to the immigration judge that you meet all the statutory requirements for a Cancellation of Removal.
An immigration judge has full discretion to deny or grant you relief through Cancellation of Removal. If the judge renders a decision in your favor, you will obtain a status of a Lawful Permanent Resident (LPR) and will be allowed to remain in the United States.
You also have the right to appeal the immigration judge’s decision to the Board of Immigration Appeals.
Please call a Cancellation of Removal attorney or immigration attorney phoenix at Maria Jones Law Firm at 602.626.3296 to talk to you about deportation defense strategies during a removal proceeding.