Facing Deportation? Do You Qualify for Cancellation of Removal?

LEXINGTON and LOUISVILLE, Kentucky. If you’re facing deportation, you may wonder what options you have. Deportation can be frightening for both you and your family. Yet, certain individuals may qualify for cancellation of removal if they meet certain qualifications. This means that they can stop the deportation process. Yet, it is important to understand whether you qualify before you apply for the cancellation of removal because fees are not refundable. If you’re facing deportation, the O’Brien Law Group in Lexington can review the unique circumstances of your case to help you determine the best course forward.

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In order to qualify for cancellation of removal, individuals generally need to meet four major requirements. According to the University of Miami School of Law, individuals must have (1) resided in the U.S. for at least 10 years, (2) show good moral character, (3) have a spouse, parent, or child who is a legal permanent resident or U.S. citizen, (4) show that your family will suffer extreme hardship if you are removed. An immigration lawyer can help you gather the appropriate documents to show that you have continuously resided in the U.S. for ten years. You may also need letters from members of the community to show that you are of good moral character. You may also need to submit to a background check to show that you have not been convicted of any crimes. Family expenses, child support, and other evidence must also be provided to show that your deportation will be a hardship for your family.

According to the U.S. Department of Justice, individuals also qualify for cancellation of removal if they have been battered or abused by their U.S. Citizen spouse or if the children have been abused by the spouse. This provision protects individuals who have married U.S. citizens and who have received legal status as a result of the marriage from having to remain in an abusive marriage to maintain their status. The key thing to know is that if you are being abused or if your children are being abused, you do not need to maintain a marriage in order to maintain your legal status. You have options.

Additionally, if your child is a U.S. citizen and would face hardship because of your removal, you may also qualify for cancellation of removal. The provisions of the cancellation are based on you being able to show good moral character while you remained in the country and also your ability to show that your removal will result in hardship. If your U.S. citizen child would face being orphaned as a result of your removal, you may have legal options to protect your family and your children.

Cancellation of removal is subject to certain limitations and restrictions. If you are facing deportation, it is important to consider all your options. An immigration lawyer may be able to assist you in evaluating the range of legal remedies available to you. Visit robrienlaw.com to learn more.

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