Los Angeles Immigration Attorney

The Law Offices of Carlos Barrios can help with Cancellation of Removal

Cancellation of Removal is a special “forgiveness” or “waiver” for Lawful Permanent Residents (LPR’s) and nonpermanent residents (illegals). It is available only if you are currently in removal proceedings (also known as deportation), and already need to see a judge. LPR’s can be put into removal proceedings (deportation) if the LPR is convicted of certain crimes. The types of crimes that can trigger a deportation include controlled substance violations, domestic violence cases, aggravated felonies, and gun/weapons charges. If the LPR has two or more crimes that involve moral turpitude, this can also lead to removal. Immigration and cancellation of removal are complex issues which require an experienced Los Angeles Immigration hold defense attorney in order to successfully obtain your cancellation.

Immigration Attorney in Los Angeles handling Cancellation of Removal

A nonpermanent resident alien that can establish the following is eligible to apply for cancellation of removal:

Demonstrate that the alien has been in the U.S. for at least ten years;
Is of good moral character and has not been convicted of specified criminal offenses;
Show that the deportation/removal would result in extreme and unusual hardship to a spouse, parent or child who is legally in the United States.

A Lawful Permanent Resident (LPR) who is placed into removal/deportation proceedings as a result of a criminal conviction, may apply for cancellation of removalif:

They have had 7 years of lawful status (i.e. entered with visa, temporary residency card etc.);
Has been a lawful permanent resident for 5 years;
Has no aggravated felony convictions.

If you win your cancellation of removal as a Non-Permanent Resident/Illegal, you will be given a permanent resident card, which you will keep so long as you do not violate the rules and regulations of this residence through any criminal conviction. If you win your cancellation of removal as a Lawful Permanent Resident (LPR), you will be returned to your original LPR status, which means you get to keep your green card!

The following is a potential list of documents that prove the alien’s time of residency and unusual hardship to a U.S. citizen or permanent resident if the deportation were to occur:

Evidence that the alien has resided in the U.S. for at least ten years. These may include copies of tax filings, school records, bills etc.;
Police reports from every jurisdiction the alien has resided in;
School records of alien’s U.S. citizen or legal permanent resident child;
Medical Records or evidence of physical ailments of the immediate relative that would establish extreme hardship (if applicable);
Therapy Records or Psychiatrist/Psychology Reports on effects of removal of family member on U.S. citizen or permanent resident (if available);
Evidence of Property or Assets in the U.S. belonging to the alien;
Investment/Bank Statements of alien;
Evidence of the alien’s home country conditions that may result in exceptional hardship to the qualifying relative.

Your Cancellation of Removal process can take anywhere from two months to two years, depending on your legal status in the United States. A Master Hearing will take place where your attorney will address the charges brought by Immigration and Customs Enforcement. It is vital to have a highly knowledgeable and devoted immigration attorney to present your case. We urge you to contact us right away to review your case during your free initial consultation.

For knowledgeable assistance with your Cancellation of Removal contact a Los Angeles Immigration Hold Defense Attorney from the Law Offices of Carlos Barrios