Cancellation Of Removal
Cancellation of removal is one remedy to the problem of imminent removal. It is just what it sounds like: a halt to the deportation process that is underway. It replaces an earlier method of halting removal called suspension of deportation.
Obtaining Cancellation Of Removal For Greater Dallas, Texas
Cancellation of removal, also known as stay of removal, is only granted by immigration judges to people in certain circumstances, and only after extensive review of the case. The judge has the additional prerogative of granting the individual permanent legal resident status.
Cancellation of removal, or COR, is offered both to permanent legal residents and to nonpermanent residents. The requirements for nonpermanent residents are stricter. In each case it is important to show that removal will cause great harm to family members. The phrase exceptional and extremely unusual hardship is often difficult to prove. It refers to hardships that go beyond the usual hardships caused by a person leaving his or her family.
Another important qualification is that the individual has no aggravated felony convictions, a misleading term because some misdemeanors are serious enough to disqualify you. You cannot appear to have poor moral character (by being a drunkard, prostitute or inveterate gambler) or to be guilty of crimes of moral turpitude (guilty of acts that are reprehensible, even if they are not statutorily prohibited).
A different set of standards may be invoked when the individual seeking COR is a victim of domestic abuse.
People seeking cancellation of removal must pass numerous tests, which most people do not understand. For this reason, a conscientious immigration attorney who knows the law — both by statute and by existing legal precedents — is invaluable to your efforts.