Cancellation of Removal California Immigration Lawyer
Welcome to Cabrera & Hart Law, where our primary mission is to provide compassionate and effective legal assistance for those navigating the complex terrain of Cancellation of Removal.
Cancellation of Removal: Safeguarding Your American Dream
What is Cancellation of Removal? It is a form of immigration relief available to individuals who have been placed in removal proceedings before the United States. This relief is provided under the Immigration and Nationality Act (INA), specifically section 240A(b).
If these criteria are met and the immigration judge is convinced of the individual’s deservingness, the judge has the discretion to cancel the removal order and grant lawful permanent residency status to the individual.
The process of Cancellation of Removal can often be intensely challenging and emotionally charged. It involves a comprehensive understanding of the U.S. immigration laws and requires meticulous attention to detail. At Cabrera & Hart Law, we understand the gravity of these situations and the significant impact they have on individuals and families.
Kristen Hart, with her wealth of experience and deep commitment to her clients, leads our team in providing expert legal advice and representation for those seeking Cancellation of Removal. Under her guidance, we work tirelessly to ensure that our clients have the best possible chance of achieving a successful outcome.
At Cabrera & Hart Law, we understand that each immigration case is unique and personal. That’s why we approach each case with a deep sense of commitment and dedication, offering personalized solutions tailored to your specific needs. Here’s why you should choose us:
I’m here to help you succeed
You're only 3 steps away from starting your journey to U.S. Citizenship
At Cabrera & Hart Law, we follow a structured and strategic process to ensure every client receives the best possible legal service. The application process for Cancellation of Removal is a complex one and requires careful attention to detail. Here’s a general overview of the steps involved:
Step 1 Schedule Consultation
Call us to schedule your attorney consultation, via video call or phone.
Step 2 Case Review
Attorney will analyze your case and create an individualized case plan that best meets your needs
Step 3 Strategy Development
Based on the case evaluation, we formulate a tailored legal strategy that aligns with your specific circumstances and immigration goals.
Step 4 Notice to Appear (NTA)
The process begins when the Department of Homeland Security (DHS) serves you a Notice to Appear in immigration court. This notice outlines why the government believes you should be removed from the U.S.
Step 5 Master Calendar Hearing
We will first attend an initial Master Calendar Hearing, where your lawyer will acknowledge your charges and state your intent to apply for Cancellation of Removal. Aside from the Individual Hearing or trial, all following hearings are also known as Master Calendar Hearings, during which various tasks will be performed by you or your attorney.
Step 6 Filing Form EOIR-42B or EOIR-42A
Depending on your residency status, you'll need to file form EOIR-42B (non-permanent) or EOIR-42A (permanent) for Cancellation of Removal. These forms must be accurately filled and filed with both the immigration court and USCIS, and served to the Department of Homeland Security. Typically, these are filed by the second or third master calendar hearing.
Step 7 Individual Hearing
After filing your application, you'll attend an Individual Hearing. This is a trial-like proceeding where you present your case for Cancellation of Removal. You'll testify under oath, present evidence, and may call witnesses to support your case.
Step 8 Judge's Decision
After evaluating all the evidence, the judge will make a decision. If your application is approved, your removal proceedings will be cancelled, and you'll either retain your permanent resident status or be granted a green card. If denied, you may have the option to appeal.
Step 9 Appeal & Follow Up
If needed, we are prepared to appeal unfavorable decisions and continue fighting for your rights. We also handle any necessary follow-up work, ensuring every aspect of your case is managed to completion.
It’s important to understand that this is a simplified overview of the process. Each case is unique and may involve additional steps and requirements. At Cabrera & Hart Law, we guide our clients through each step of this intricate process. Our goal is to ensure you understand what’s happening at each stage and to provide you with the best possible representation. With Kristen Hart leading our team, you can trust that your case will be handled with the utmost care and professionalism.
Applying for Cancellation of Removal is a significant process and not everyone qualifies. The eligibility criteria are stringent and differ for non-permanent residents and permanent residents. Here’s a detailed breakdown:
For Non-Permanent Residents:
1. Continuous Physical Presence: You must have been physically present in the U.S. continuously for at least ten years prior to the initiation of removal proceedings. Brief, casual, and innocent absences may not disrupt this continuity. However, there are many complex rules that can affect how and when you are permitted to accumulate physical presence.
2. Good Moral Character: During these ten years, you must demonstrate that you’ve maintained good moral character. This essentially means you should not have certain criminal convictions or have violated certain laws, and convictions outside of the statutory period, can prevent you from applying for this form of relief all together.
3. Exceptional and Extremely Unusual Hardship: You must show that your removal would result in exceptional and extremely unusual hardship to a qualifying relative who is a U.S. citizen or lawful permanent resident. This relative can be a spouse, parent, or child. The hardship standard is high and involves more than the typical emotional and financial hardship associated with deportation.
For Permanent Residents:
1. Lawful Permanent Resident for Five Years: You must have been a lawful permanent resident (LPR) for at least five years at the time you apply for Cancellation of Removal.
2. Continuous Residence for Seven Years After Lawful Admission: You must have resided in the U.S. continuously for seven years after having been lawfully admitted in any status, but certain convictions can stop your “residence clock”.
3. No Aggravated Felony Convictions: You must not have been convicted of an aggravated felony.
It’s important to note that meeting these criteria does not automatically grant you relief. Cancellation of Removal is a discretionary relief, meaning the immigration judge will weigh the positive and negative factors of your case before making a decision.
Remember, when facing immigration challenges, the attorney you choose can make all the difference. With Cabrera & Hart, APC, you’re not just getting a lawyer; you’re gaining a dedicated partner in your legal battle.
Award-Winning Service
Personalized Approach
Dedicated Attorneys
Representation in Court
Strong Client Relationships
Comprehensive Expertise:
Proven Results
Accessibility and Convenience
Paperwork and Documentation
Post-Decision Support
No, they are not the same thing. Deportation refers to the formal removal of a foreign national from the U.S. for violating immigration law. Cancellation of Removal, on the other hand, is a form of relief from deportation, where you attempt to prove that you are eligible for this form of relief and if granted, you are not deported but instead you received legal permanent resident status in the United States (“green card”).
If you’re a non-permanent resident, you typically need to have been in the U.S. continuously for at least ten years to be eligible. However, there are exceptions for certain special cases, such as individuals eligible for VAWA Cancellation of Removal. It’s best to consult with a legal professional to assess your specific situation.
Not necessarily. While certain criminal convictions can make you ineligible, it depends on the nature and severity of the crime. An experienced immigration attorney can help determine how your criminal history might impact your eligibility.
No, meeting the eligibility criteria does not guarantee approval. The judge will weigh the positive and negative factors of your case before making a decision.
While you technically can, it’s strongly recommended to have legal representation due to the complexity of the process. A skilled immigration attorney can guide you through each step, ensure all paperwork is correctly completed, and represent you in court.
While we cannot guarantee a specific outcome, we can assure you that we will use our extensive knowledge and experience to fight aggressively for your rights and work tirelessly to achieve the best possible result in your case.
We believe in maintaining open and transparent communication with our clients. We’ll provide regular updates on the progress of your case, any new developments, and what they mean for you.
If you receive an unfavorable decision, we are prepared to appeal and continue fighting for your rights. Our firm is committed to standing by our clients every step of the way.
You can schedule an initial consultation by calling our office or Schedule Online Now
. The initial consultation is an opportunity for us to understand your situation and discuss potential legal strategies.
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