Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.

Cancellation of Removal

Your one-time get out of Immigration Jail Free Card

If you have been charged with being deportable from the United States and have been in the U.S. for a period of time there may be a way to keep you in the country even if you are otherwise deportable, and even if you are in the United States illegally and don't already have a Green Card.

There is a form of relief called cancellation of removal that is available both to people who have Green Cards, and to those who don't.  There are a number of variables that determine whether you are eligible to receive this type of relief, and you are only entitled to it once. I like to call it a one time "Get out of Immigration Jail Free Card". 

If you are eligible for Cancellation of Removal the Immigration Judge weighs a number of factors to determine if he should allow you to remain in the United States.

These factors include:

  • Whether you have family in the United States;
  • The length of time you have lived in the country;
  • If you deportation will cause a hardship to you and your family;
  • Whether you have honorably served in the Arm Forces;
  • Whether you have a history of gainful and legal employment in the United States;
  • Whether you own property, or have your own business;
  • Whether there is value to the community to keep you here;
  • Proof that you have been genuinely rehabilitated if you have been convicted of a crime; and
  • Any available evidence of your good character

The Immigration Judge then looks at the negative factors which include:

  • The nature and underlying circumstances relating to the reason why you are being charged with deportation;
  • Additional significant violations of the Immigration Laws;
  • Evidence of a criminal record; and
  • Any evidence of your bad character or undesirability to stay in the United States.

It is the Immigration Judge's job to weigh the good against the bad, and determine if you are the type of person that should be allowed to stay in the United States even though the law says that you are deportable.  It is our job to put you in the best possible position to win your case, and we take our job seriously.

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