Deportation Defense Attorneys in Los Angeles
Cancellation of deportation
This is an option that benefits many people who have been legal residents in the United States for a period of 5 years and have had continuous physical presence in the country for 7 consecutive years, and who due to certain circumstances were involved in a crime that is not serious. For non-legal residents, cancellation of deportation may allow them to obtain a green card for ten years if they have lived within the United States.
This type of cancellation is only granted by an immigration judge. Likewise, as soon as individuals submit their application, they will be eligible to apply for employment authorization. With this employment authorization, individuals can request a Social Security number, work legally, and obtain a driver’s license issued by the State.
Requirements to apply for cancellation of deportation
- The person must have lived for at least 10 years within the country without leaving.
- Have demonstrated good moral character during the last 10 years.
- Not have been convicted at any time of a crime involving moral character or a felony.
- Be the mother, father, son, daughter, or relative of a United States citizen or lawful permanent resident.
- Bank statements or foreign investment records.
- Evidence of the living conditions of the applicant in their country of origin that could be difficult and extreme for both the applicant and their family.
Process to request cancellation of deportation or removal
The foreign person must be in deportation proceedings. If the foreign person is not in deportation proceedings but believes they are eligible for cancellation of deportation, they may request that the United States immigration service issue a notice to appear, and then the case will be transferred to immigration court. These cases are quite complex, which is why it is always recommended to have an attorney who can assist throughout the entire process.
Likewise, there are three stages in this process. Below we describe them so you can understand how the procedure works.
Stage 1
The following forms must be prepared and filed in immigration court: EOIR-42 or EOIR-42A together with all the corresponding fees for the United States immigration service.
Stage 2
The testimony of the foreign individual must be prepared in the best possible way and the person must appear at the first immigration court hearing. After this, another individual hearing will be scheduled. The foreign individual must provide evidence in the form of documents, written sworn statements, and testimony from the foreign individual’s family members explaining what they could suffer if their relative is deported.
Stage 3
If the immigration judge determines that the foreign individual meets the requirements, the deportation proceedings will be canceled and permanent residence in the United States will be granted to the foreign individual.
Our attorneys have extensive experience in the city of Los Angeles and in Los Angeles County handling these types of cases and advising individuals who wish to apply for this type of immigration relief in the best possible way. It is always recommended that individuals seek qualified professionals who can assist them, and you can find them at Progresso Legal Group P.C.