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42-A/42-B | Cancellation of Removal

42-A/42-B | Cancellation of Removal

For Certain LPR’s & Non-LPR’S

Serving San Antonio, Austin and McAllen, Texas

What is Removal and Voluntary Departure?

Formerly known as “deportation,” removal is a process by which foreign nationals are compelled to leave the United States for a lengthy period of time. U.S. Customs and Immigration Services may initiate removal proceedings for a wide variety of reasons. Foreign nationals and visa holders who enter the U.S. illegally or commit a crime during their stay here are at particular risk for removal. The removal process requires a formal hearing at which defendants may present evidence or testimony that contradicts the assertions of immigration authorities. “Removed” foreign nationals may not enter the U.S. for a period of 10 years.

Voluntary departure is a “gentler” method of removal by which foreign nationals who face removal may leave the United States under their own power. Foreign nationals who opt for voluntary departure may remain in good legal standing with U.S. authorities. In addition, they may return to the U.S. after spending three years in their home countries. It is important that individuals who opt for voluntary departure retain all records of their removal, including airline tickets and receipts of surrendered visas.

Who is at Risk for Removal?

In theory, any foreign national is at risk for removal or voluntary departure. In practice, visa holders will only be subjected to removal proceedings in certain key situations. These include:

  • They engage in criminal activity
  • They conduct harmful or threatening activities outside of the U.S.
  • They associate with undesirable groups outside of the U.S.
  • They materially violate the terms of their visas

Certain classes of immigrants and non-permanent residents may be able to contest their removal proceedings through the “cancellation of removal” process.

“Cancellation of Removal” Process

Cancellation requests are typically granted on a case-by-case basis. USCIS maintains different cancellation requirements for lawful permanent residents and non-resident visa holders. Lawful permanent residents must meet the following criteria:

  • Continuous U.S. residence for seven years or more
  • LPR status for five years or more
  • Lack of felony convictions

Non-residents must meet the following criteria:

  • Continuous U.S. residence for 10 years or more
  • Lack of any criminal convictions or “moral failings”
  • Provides support for dependent family members in the U.S.

How We Can Help

The compassionate cancellation of removal lawyers at the Gutierrez Law Firm are dedicated to fighting for the rights of every immigrant who faces the threat of removal. We firmly believe that lawful residents should be able to pursue their “American Dreams” without fear of being uprooted. With over 20 years of experience with “cancellation of removal” cases, we are well-equipped to answer false charges and defuse misunderstandings. In the past, we have helped clients from all over the world defend themselves against removal.

To learn more about the process of removal, get in touch with a cancellation of removal lawyer at 210.225.7114.