Cancellation of Deportation: A Legal Resource to Stay in the U.S.

For many immigrants in the United States, facing deportation can be a terrifying situation. However, there is a legal resource that could help stop removal and, in some cases, even open the path to permanent residency. This resource is called cancellation of deportation for non-residents.

This benefit is only available to individuals who are already in deportation proceedings before an immigration court. It cannot be requested in advance or as a separate process.

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To apply for cancellation of deportation, the immigrant must meet the following criteria:

• Continuous residence in the U.S. for at least 10 years before receiving the notice of deportation.

  
  

• Good moral character, with no serious criminal record.

  
  

• Extreme hardship to a U.S. citizen or permanent resident family member (spouse, child, or parent) if the deportation takes place.

  
  

The immigration judge will have the final say and will evaluate each case individually.

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Since this is a complex and discretionary process, it is crucial to present strong evidence to support the application. Some helpful documents include:

• Proof of continuous residence in the U.S.: Bills, rental agreements, pay stubs, medical or school records.

  
  

• Letters of recommendation: From employers, community leaders, or religious figures validating your good moral character.

  
  

• Documents proving extreme hardship: Medical reports, school certificates, or financial evidence showing how deportation would affect your family.

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If the immigration judge grants the cancellation of deportation, the immigrant:

• Will be able to legally remain in the U.S. without the risk of deportation.

  
  

• In some cases, may obtain permanent residency (Green Card).

  
  

That is why it is essential to have an immigration attorney to help prepare an effective legal strategy.

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Frequently Asked Questions

Can I apply for cancellation of deportation if I am not in deportation proceedings?

No. This resource is only available for individuals who are already facing deportation in immigration court.

If I meet the requirements, is approval automatic?

No. The final decision depends on the judge, who will evaluate each case individually.

What happens if my application is denied?

If the judge denies the request, the immigrant may appeal the decision. Having a specialized attorney is key.

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Cancellation of deportation is a valuable tool for immigrants in the U.S. facing removal from the country. Although the process is complex, it is possible to stop deportation if the requirements are met and strong evidence is presented.

If you are in this situation, seek legal advice as soon as possible. An immigration attorney can be key to improving your chances of success.

Source: El Nuevo Herald

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