Deportation defense, also known as cancellation of removal, is a last resort to keep you in the United States after USCIS officials have decided it is time to send you home. You may only begin a cancellation of removal response if you are already in the middle of a deportation procedure.
Either you have been detained or you have received a notice to appear. If you aren’t currently in deportation proceedings, but you think you may be in danger of deportation, it’s probably time to work with immigration attorney. For example, if you are here illegally and you get arrested for a misdemeanor it’s reasonable to assume that deportation may be your next step. You can check if you are in the middle of a removal proceeding by calling 1-800-898-7180 and providing your Alien number.
For deportation defense, contact Boston immigration attorney Giselle M. Rodriguez. Giselle helps clients with the full range of immigration challenges, including deportation / removal proceedings. She is bilingual (English & Spanish), and works with clients throughout Greater Boston and Massachusetts. Contact Giselle today to discuss your case, or read on to find out more about cancellation of removal and what can be done to keep you in the United States.
Two quick notes:
1: We can meet in-person in Boston, on Zoom, or by phone.
2: My legal fees DO include the translations of relevant documents.
How can you stop deportation (a cancellation of removal)?
There are three types of cancellation of removal, depending on your situation.
1. It is possible for non-permanent residents to get cancellation of removal if they have lived in the United States for 10 continuous years, if they have been deemed to be of good moral character in the 10 years prior to the start of the procedure, and be the spouse, parent, or child of a lawful permanent resident or US citizen.
2. Cancellation is possible under Violence Against Women Act (VAWA). To be eligible you must be the abused spouse of a legal resident or citizen, or the abused child of a legal resident or US citizen. You must prove you were subjected to extreme cruelty, that you have been living in the United States for at least 3 years, that deportation would cause extreme difficulties for yourself or for your children, and that you’ve been a person of good moral character for all three years.
3. Cancellation is possible if you prove you’ve resided in the United States legally for the past 7 years, and that you weren’t arrested for or convicted of any crime during the first 5 years of residence in this country. In this case, you would only be in danger of deportation if you have been convicted of certain crimes.
In all three cases you must prove you are not otherwise ineligible to remain in the United States.
Is there any other way to stop deportation?
No. For example, you can’t get married just to avoid deportation, nor can you suddenly get a job or become a student to stop deportation.
Can you work while a deportation defense is underway?
In some situations you can renew a work permit while your deportation defense is in progress. That may be possible if you have a pending asylum claim, a petition for residency through employment, or are eligible for Temporary Protected Status (TPS).
What happens if your cancellation of removal is denied?
The order for removal is executed and you’ll be sent back to your country of origin. You may be barred from entering the United States in the future.
What happens if a cancellation of removal is granted?
You will be allowed to remain in the United States and you will be eligible to apply for a green card. The judge’s Cancellation of Removal will serve as proof that you are eligible for the green card. You will still have to go through the process of applying and waiting for your card.
Get help on your deportation defense
You only have one chance to get a cancellation of removal case right. To give yourself the best chances of staying in the US, work with an immigration attorney who will tell your side of the story, represent your interests, and use every legal means available. Call the Law Offices of Giselle M. Rodriguez in Boston to discuss your case.