Charlotte Cancellation of Removal Lawyer

Deportation and removal are a possibility for any non-citizens living in the United States, even those with lawful permanent residency. While the likelihood of facing these proceedings is greater for undocumented immigrants, certain grounds could lead to removal proceedings for any immigrant regardless of their status.

A Charlotte cancellation of removal lawyer might be able to help with fighting back in these situations. If these efforts are successful, you could be allowed to remain in the country. Let a skilled immigration attorney advise you of your options.

Who Is Eligible for Cancellation of Removal?

Not everyone facing the threat of deportation is eligible for cancellation of removal. This approach is generally limited to those who have already secured lawful permanent residency in this country. However, having a green card is not enough; they must also meet additional requirements.

Eligibility begins with someone who has maintained legal status in this country for at least five years. What’s more, they must have spent a minimum of seven years continuously residing in the U.S. Finally, their criminal record must be free of any charge deemed an aggravated felony.

Aggravated felonies are considered to be the most serious criminal offenses available. Federal law outlines specific examples, although the list is not comprehensive. Cancellation may not be an option following a conviction for these offenses:

• Violent crime
• Drug offenses
• Burglary
• Bribery
• Counterfeiting
• Child pornography

There are options for cancellation of removal when it comes to Charlotte individuals without lawful permanent resident status, but this path is difficult and should not be handled without a lawyer. They must be able to show that they have lived in the United States continuously for ten years. Additionally, there must be evidence of their good moral character.

The most important factor in these cases is evidence of hardship. To qualify, a non-resident must prove that their removal would represent an exceptional hardship for a member of their family who is a citizen or resident of the United States.

Prosecutorial Discretion

The Department of Homeland Security has the power to file for deportation proceedings. It also has the authority to choose not to. This is known as prosecutorial discretion, and it is something that federal authorities can consider on a case-by-case basis.

When a person requests prosecutorial discretion, the agents in charge will consider a wide range of factors, including the amount of time the immigrant has lived in the U.S. and their ties to the community.

A cancellation of removal attorney in Charlotte could help petition the Department of Homeland Security to exercise its discretion and drop the case.

Immigration Judges Have Leeway

Judges in immigration proceedings have flexibility when determining whether an immigrant should be allowed to stay in the country. They will consider subjective factors like a person’s good character or their ties to the community. Ultimately, it will be up to the court to decide whether to grant the request.

Talk to an Attorney in Charlotte About Cancellation of Removal

If you are facing the prospect of deportation, a Charlotte cancellation of removal lawyer may be able to help. The support of strong legal counsel can be invaluable in these situations. Call right away to learn more.