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Cancellations

Lawyers Work to Help Clients Obtain Cancellation of Deportation Actions

New York immigration attorneys aid people threatened with removal

If you received a Notice to Appear at a removal hearing from U.S. Citizenship and Immigration Services (USCIS), it can be frightening, but you do have legal options. At Pollack, Pollack, Isaac & DeCicco, LLP in New York City, our immigration attorneys provide determined defense at removal hearings. We provide the court with all the necessary information along with a compelling argument supporting the cancellation of your removal action. Since the 1980s, our firm has fought for the due process rights of immigrants under threat of deportation, and now we’re ready to fight for you.

Knowledgeable firm defends green card holders facing possible expulsion

If you are a green card holder who has been targeted for removal due to a criminal charge or another reason, you can submit an application to the Immigration Judge for Permanent Residents’ Cancellation of Removal. To apply, you must meet these conditions:

  • You have been a permanent resident for at least five years
  • You have continuously lived in the United States for more seven years after your admission under any status
  • You must not have committed an aggravated felony
  • There must not be security concerns that would make you inadmissible

To be granted a cancellation of removal as a permanent resident, you must show that the factors the immigration court must consider weigh in your favor. Positive factors include:

  • Your family ties in the United States
  • Your service in the U.S. Armed Forces
  • Any property and business ownership ties
  • Your employment history
  • Longtime U.S. residency
  • Good moral character
  • Service to the community
  • Hardship to your immediate relatives if removal is imposed
  • Rehabilitation, if a criminal record exists

Negative factors include:

  • Evidence of bad character
  • The circumstances and nature of your exclusion
  • Violation of immigration laws
  • Other state or federal offenses, especially those in the recent past

Certain circumstances, such as a previously granted cancellation of removal or a serious felony conviction, bar an applicant from obtaining a cancellation. If someone is found to have obtained their green card fraudulently, they are not eligible for cancellation of removal.

Dedicated advocates work to stop deportation of non-permanent residents

If you are not a legal permanent resident, but have been staying in the United States for an extended period, you may be eligible to apply for cancellation of your removal proceeding.  You must meet the following conditions:

  • You have been physically present in the United States for 10 continuous years, meaning that you were not out of the country for more than 90 days during one period and did not accumulate 180 days outside the United States during your 10-year residency. This requirement does not apply to U.S. service members with more than 24 months of service, who were inducted while living in the United States and honorably discharged.
  • You have demonstrated good moral character.
  • There is no security risk or criminal conviction that would prevent you from being admitted under U.S. immigration law.
  • You are not deportable under U.S. immigration law on the basis of marriage fraud, criminal conduct, registration failure, document falsification or security-related grounds
  • Your removal might subject your immediate relatives who are U.S citizens or lawful permanent residents to “exceptional and extremely unusual hardship.”

Whether you are a legal resident, a non-immigrant visa holder or an undocumented immigrant, our immigration lawyers are determined to provide a vigorous defense. You have due process rights. Let us help you assert those rights to avoid deportation.

Contact a New York City immigration attorney for assistance in a removal proceeding

Pollack, Pollack, Isaac & DeCicco, LLP in New York City assists foreign nationals in removal proceedings. If you wish to purse a cancellation of removal, speak to a knowledgeable immigration lawyer. Call us today at 212-203-4795 or contact us online to schedule a consultation.

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