Immigrants have many questions regarding cancellation of removal in California. What is cancellation of removal and how is it done? Who is eligible for this cancellation? Starting with federal laws, we’ll answer these questions and many more in this article.

What does cancellation of removal mean?

Cancellation of removal means that the government will cancel the deportation order against a person. Cancellation of removal is possible if you meet the legal requirements to obtain it.

Cancellation of removal and your benefits

By winning a cancellation of removal case, you will get the following benefits:

-Suspend indefinitely their expulsion from the country.

-Obtain a permanent residence card.

-Be eligible to receive government assistance through social programs such as Medicaid, supplemental security income for disabled people, food stamps, etc.

-Social Security card.

With the help of our attorneys, you will be able to obtain these benefits.

Who cannot request cancellation of removal?

Immigrants are exempt from being able to present the application in these cases:

-Having remained in the country under the exchange program with the J-1 Visa, in breach of the obligation to leave and remain outside for 2 years at the end.

-Have entered the United States as a member of a crew with a Transit Visa type C and Crewmember Visa D.

-Having participated in the persecution of other people in any way.

-If you have previously benefited from the suspension of deportation.

Requirements to cancel deportation

For a person to be able to request this procedure, they have to meet one or more of the following requirements:

– Have been in the United States for five years or more.

– Not have a serious criminal record.

– Have a good behavioral record.

– Be married to a US citizen or have US citizen children.

How to cancel deportation?

The process to cancel deportation is as follows:

  1. A deportation proceeding must be in progress. If you don’t have it, then you should ask USCIS to send you an appearance notice and refer the case to immigration court.
  2. You must fill out Form EOIR 42B if you are an undocumented immigrant or EOIR 42A if you are a permanent resident.
  3. The case must be prepared with documentation, statements and witnesses to present in Court.
  4. The immigration judge may consider that the immigrant has met the requirements. In this case, the deportation process is canceled and permanent residence in the United States is obtained.

Documentation required for the process

Your attorney will give you a complete list of all the documents that are required to submit the application. This includes:

-Copies of tax returns.

-Police reports from the city where you have resided.

-Study evidence of the beneficiary’s child (ren) (citizen or permanent resident).

-Medical reports of illness or physical disabilities.

-Copies of property documents or evidence of the assets that the immigrant possesses in the United States.

-Bank account statements and investments of the immigrant.

-Evidence that contributes to establishing that the foreigner cannot return to his country of origin due to its economic, political or social conditions.

Why should you hire an immigration attorney?

If you have questions about cancellation of removal in California, it is important that you consult an attorney who is knowledgeable in this field. A good lawyer will help you prepare your application and present it to the Immigration Court. In addition, they can represent you during the process and advise you about your rights.

Sleepless Attorney has years of experience in cancellation of deportations and immigration law. If you are going through a cancellation of removal case and need legal support from an expert attorney, please contact us using the following form:

You can also communicate through (909) 319-7103 / 1 (800) 559-7170, visit us at 228 West C Street Ontario CA 91762 or send us an email explaining your case to info@sleeplessattorney.com

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