Cancellation of Removal

Deportability determinations are made when a non-citizen is alleged to not be entitled to remain in the United States or found not to be so entitled. Removal proceedings based on charges of deportability are administrative proceedings in which the government tries to prove that a particular person is in the U.S. in violation of immigration laws. However, our Milwaukee and Chicago deportation defense lawyers may be able to help you seek cancellation of removal. This is the easiest standard to meet of the three main forms of relief from deportation, which also include withholding of removal and Convention Against Torture relief, as long as you meet the threshold eligibility requirements. Our immigration attorneys travel all over the U.S. to represent non-citizens facing deportation and interview people in detention centers. Unlike most immigration firms, we regularly handle deportation defense cases before the EOIR.

At Attorney Spiros Stavros Nicolet, we have the tenacity and dedication to help our clients navigate complicated and challenging matters that most immigration attorneys might find daunting. We understand the magnitude of these proceedings, which may alter the course of a person’s life and affect an entire family’s future. With two offices in Chicago, we can assist clients in EOIR hearings, immigration interviews, or other proceedings. From our Milwaukee office, moreover, attorney Spiro Nicolet provides criminal defense representation with a sensitivity to the immigration consequences of the charges that his clients face. He strives to keep a client’s record as clean as possible to preserve the full range of immigration relief for which they may be eligible.

To apply for cancellation of removal, you must be in removal proceedings, which were previously known as deportation proceedings. You may qualify to have the removal cancelled under section 240A(b) of the Immigration and Nationality Act (INA). In order to qualify, you must:

• Have kept a continuous physical presence within the U.S. for 10 years or more;
• Show good moral character;
• Not have been convicted of a crime of moral turpitude or spent 180 total days or more in jail; and
• Have a spouse, parent, or child who is a citizen or lawful permanent resident and who would face extremely unusual, exceptional hardship without you.

Even if you meet the basic eligibility requirements, the immigration judge still has discretion to determine whether to approve a cancellation application. This is one reason why it is so important to retain an attorney in this situation. An attorney can make sure that the judge not only knows that you meet the basic requirements but also sees that you truly deserve the benefits of cancellation and to be allowed to stay in the country.

Only about 4,000 cancellation applications for people without green cards are approved each year. If you are not eligible for cancellation of removal, you may be able to seek relief in the form of withholding or Convention Against Torture (CAT) relief.

To apply for cancellation of removal, you will need to fill out the Application for Cancellation of Removal and Form EOIR-42B, and you must attach documentary evidence to show that you have stayed in the U.S. for the required period. This may include deeds, tax records, employment records, birth records, church records, receipts, and bankbooks. You will also need to submit documents showing good moral character. These may include police records from places where you have lived within the U.S., as well as affidavits from your employer and people who know you. You should also submit evidence of your relationship to those whom you claim would suffer hardship as a result of your removal and evidence of their citizenship or lawful permanent residence status. Finally, you will need to supply biometric and biographic information.

If you are threatened with removal from the U.S., you may be looking for ways in which you can stay. The Chicago and Milwaukee deportation defense attorneys at Attorney Spiros Stavros Nicolet can assist people who meet basic eligibility requirements with pursuing cancellation of removal. We help clients all over the country, showing a high level of skill and commitment at every stage of removal proceedings. Once our clients get out of jail through the bond process, we help them seek work authorizations so that they can return to their jobs. We not only file applications but also obtain declarations, affidavits, country reports, and other important documents. Contact us online or call us at 773-562-6884 or 773-562-6884 to set up an appointment.