If you are facing removal from the United States, you may be struggling to figure out how you can stay in the country, living the life you have worked to build for yourself. A Houston cancellation of removal lawyer could help you understand your rights and fight for your ability to stay in the country. When removal proceedings begin, you may have relatively little time to act. Reaching out to a skilled deportation defense lawyer as soon as possible could allow you enough time to build your case and protect your rights.

Cancelling Removal as a Lawful Permanent Resident

Lawful permanent residents of the United States, also known as green card holders, may have the right to apply for cancellation of removal under several circumstances, such as the following:

  • They have been a permanent resident for at least five years
  • They have lived in the United States for at least seven years
  • They have not been convicted of an aggravated felony
  • Their removal would cause hardship to family members who are U.S. citizens or lawful permanent residents

A Houston cancellation of removal attorney could help individuals facing deportation build a case and show key evidence of these vital details.

Cancelling Removal as a Non-Permanent Resident

Non-permanent residents may also have options that allow them to apply for cancellation of removal. Such individuals may need to prove they:

  • Have lived in the United States for at least ten years
  • Have good moral character
  • Have family members who would face extreme or unusual hardship if they were removed from the United States

Cancelling removal as a non-permanent resident can prove more difficult, making support from a Houston lawyer essential.

Applying for Cancellation of Removal

Applying for cancellation of removal requires quick action on the part of the individual facing deportation and their attorney. First, they must complete Form EOIR-42A or EOIR-42B for cancellation of removal. They may also need to offer evidence such as photographs and copies of relevant paperwork. In addition, applicants for cancellation of removal can expect to pay a filing fee and will need to show proof of doing so.

Once these documents have been filed, the immigration court will schedule a hearing before a judge. The individual and their Houston attorney can present arguments and supporting evidence that demonstrate their right to cancellation of removal. The judge will then issue a decision that either grants or denies the application. If the judge denies the application, the individual may be ordered to leave the United States by a specific deadline. The individual can always appeal a denial of the application to the Board of Immigration Appeals. 

Discuss Your Case with a Houston Cancellation of Removal Attorney

Dealing with the prospect of removal from the United States can be incredibly stressful, especially if you have family members who will be negatively impacted if you are forced to leave. Acting quickly is essential if you want to fight to remain in the country. 

A Houston cancellation of removal lawyer could help you learn more about your options and fight for your ability to stay. Reach out to J. Lopez Law today to discuss your case and how you can apply for cancellation of removal.