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Cancellation of Removal as a Successful Deportation Defense

Posted on in Deportation

New Canaan deportation defense lawyer cancellation of removalNavigating the U.S. immigration system can be difficult and expensive at the best of times. However, if you entered the United States illegally or overstayed a visa, you are now in a particularly tough situation. Even if you have lived in the U.S. for years, got married, worked, and had children here, you could be caught by U.S. Immigration and Customs Enforcement (ICE) at any time and find yourself facing a deportation order. If you find yourself in this type of situation, you must seek help from an experienced and trustworthy immigration attorney. 

In recent months, there have been many news reports of undocumented residents who have been deported and of others who have successfully fought their deportation. What makes for a successful deportation defense?

One option is called Cancellation of Removal

Here is one typical situation in which you could qualify for Cancellation of Removal:

  • Your removal would result in exceptional and extremely unusual hardship to your young child who is a U.S. citizen by birth.  
  • You have lived in the United States for at least 10 years prior to receiving a Notice to Appear or a deportation order.
  • You are a person of good moral character as defined in section 101(f) of the U.S. Immigration and Nationality Act. 

You and your attorney will have to work particularly hard to prove the exceptional and extremely unusual hardship factor to an immigration judge, who must consider the totality of circumstances. Your argument should address the following factors that would create hardship for your dependent:

  • Child’s age. For example, a school-age child who only speaks English will have a difficult time transitioning to school in your home country.
  • Child’s health. If your child has any special health issues that cannot be properly treated in your home country, these may help your case.
  • U.S. ties. It may help your case if your child was born in the United States, has lived here since birth, and has strong family and community ties here.
  • Home country ties. You will want to argue that your child has no family or community ties in your home country, which would cause the child to suffer if you are deported and must take the child with you.
  • Home country dangers. For example, you might argue that your home country is hostile toward your child’s religion or sexual orientation. You might also argue that your country is generally not safe due to terrorism or that your child would be at risk for serious diseases. Your argument will be stronger if the U.S. State Department has designated your home country as “high risk” for travelers.  

You may also qualify for cancellation of removal on the basis of exceptional and extremely unusual hardship to your spouse or parent who is a U.S. citizen or lawful permanent resident (LPR)

Darien, CT Deportation Defense Attorney to Stand Up for You

If you have received a Notice to Appear in immigration court or are at all concerned about being deported, call 203-323-1440 to speak to a Stamford deportation defense lawyer. Gonzalez Law Office, LLC has over 15 years of experience in meeting the immigration and deportation defense needs of families in Fairfield County, Connecticut and Westchester County, New York. 

Sources:

https://www.usa.gov/deportation

https://www.ilrc.org/sites/default/files/resources/non_lpr_cancel_remov-20180606.pdf

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-101/0-0-0-434.html#0-0-0-1191

Fairfield County Bar Association Connecticut Bar Association American Immigration Lawyers Association Connecticut American Immigration Lawyers Association
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