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Can an Immigrant Facing Deportation Receive a Cancellation of Removal?

Posted on in Immigration

Itasca immigration lawyerThe path to U.S. citizenship can be complicated for someone coming from another country, especially when a language barrier is involved. There are various legal steps that must be taken to ensure legal entry to the United States. The U.S. Citizenship and Immigration Services (USCIS) is part of the Department of Homeland Security (DHS) that oversees the country’s immigration and naturalization process. Obtaining lawful permanent resident (LPR) status means an immigrant will receive what is called a Green Card. This is an important step in the process of becoming a U.S. citizen through naturalization.

Grounds for Deportation

The U.S. government has the right to remove an undocumented immigrant from the country under certain circumstances. A criminal conviction is one of the most common reasons that an individual would be deported. While not all crimes are grounds for deportation, violent offenses in addition to the smuggling of undocumented immigrants into the United States may warrant an immigrant to be removed. These grounds typically include aggravated felony convictions or more than one conviction for criminal offenses that carry a jail sentence of more than one year. It is important to note that a jail sentence does not have to be served to warrant deportation or removal.

Below are a few of the criminal acts that can lead to deportation or removal from the United States:

  • Drug/firearms trafficking

  • Murder

  • Rape

  • Fraud

  • Larceny/theft

Reasons a Removal May Be Dismissed

Under U.S. immigration law, any immigrant who is facing deportation must request or apply for a cancellation of removal. The following are ways in which an immigrant who is facing removal can qualify to apply for a cancellation of his or her removal proceedings:

  • He or she has been an LPR for at least five years upon application

  • He or she has lived in the United States for at least seven years after lawful entry into the country

  • He or she has not been convicted of an aggravated felony

Ultimately, the immigration judge will consider different factors when deciding whether or not to cancel a removal. Some of these factors include if the immigrant has relatives in the United States, any previous military service, and evidence of rehabilitation and good moral character. In some cases, if an attorney can prove that the removal will cause undue hardship for your family, it may warrant a cancellation. 

Contact an Itasca Immigration Attorney

Immigrating to the United States is a dream for many people, some of whom have family members here. Coming to America often provides foreign nationals with a better life by providing more educational and employment opportunities. At the accomplished law firm of Ana M. Mencini & Associates, P.C., we understand the complex nature of immigration laws. Our knowledgeable DuPage County immigration lawyers can help you or your loved one take the necessary steps to have your removal canceled so you can remain in the United States. Learn more by scheduling your confidential consultation, call us today at 630-875-1700.

 

Sources:
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229b&num=0&edition=prelim

https://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir42b.pdf

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