Protect Your Future in Wisconsin with the Help of Our Immigration Attorneys
Are you or a loved one facing removal proceedings from the United States? If so, you may be eligible for cancellation of removal, a form of relief that allows an individual to remain in the U.S. despite being removable. Cancellation of removal in Milwaukee WI is a complex legal process that requires strong evidence and persuasive arguments in front of an immigration judge. However, with the right legal assistance, you can increase your chances of success.
At Miller & Miller Immigration Attorneys, we have extensive experience in handling cancellation of removal in Milwaukee, WI for both lawful permanent residents and non-lawful permanent residents.
Our team of dedicated and skilled attorneys understands the nuances of immigration law and will work tirelessly to protect your rights and help you achieve the best possible outcome. To talk with one of our immigration attorneys in Wisconsin, fill out the contact form here or give us a call.
Why Do I Need a Cancellation of Removal Lawyer?
If you’re facing removal proceedings in the United States, you may be eligible for cancellation of removal, a form of relief that can allow you to stay in the country despite being removable. However, cancellation of removal is a complex legal process that requires strong evidence and persuasive arguments in front of an immigration judge. That’s where a cancellation of removal attorney comes in.
Here are some reasons why you need a cancellation of removal attorney:
- Understanding of the Law: Immigration law is complex, and cancellation of removal is no exception. A cancellation of removal attorney has the necessary legal expertise to guide you through the process and ensure that your rights are protected.
- Evidence Gathering: To qualify for cancellation of removal, you must provide strong evidence to support your case. A cancellation of removal attorney can help you gather the necessary evidence and present it effectively in court.
- Case Preparation: Cancellation of removal requires careful preparation of your case. An attorney can help you build a strong case by identifying the most compelling arguments and evidence to present to the immigration judge.
- Representation: A cancellation of removal attorney can represent you in court and advocate on your behalf. They can also communicate with the government attorney and the immigration judge to ensure that your case is presented effectively.
- Increased Chances of Success: A cancellation of removal attorney can help increase your chances of success by providing legal guidance, gathering evidence, preparing your case, and representing you in court.
At Miller & Miller Immigration Attorneys, we are committed to offering you the best representation possible. Our experienced cancellation of removal attorneys can help guide you through the legal process and increase your chances of success.
What is Cancellation of Removal?
Cancellation of removal is a legal process for non-permanent residents in the US that allows them to remain in the country and avoid deportation. It’s an alternative to removal or deportation and can be sought by those who have been in the US with adjusted status and no criminal record for at least seven years.
To obtain cancellation of removal, immigrants must meet certain criteria, including good moral character, proof of continuous physical presence in the United States, and evidence that their presence would cause exceptional and extremely unusual hardship to their US citizen or permanent resident spouse, parent, or child.
If successful, they will be granted permanent residence within the U.S. Ultimately, cancellation of removal provides immigrants with the necessary protection against deportation so they can keep their families together without fear of being forced out of their homes and livelihoods.
Do you want to know more about cancellation of removal? Miller & Miller Immigration Attorneys are here to help you. Call us now to schedule a consultation with our immigration attorneys.
What is the Purpose of Cancellation of Removal?
It provides qualifying individuals with a way to overcome their current legal situation and remain in the country. Those that qualify must prove that if they were removed, it would cause exceptional and extremely unusual hardship on themselves or certain family members. Cancellation of Removal can be an extremely complex process, depending on individual circumstances, and involves a within-depth understanding of U.S immigration laws. It is important that applicants understand all its requirements before submitting their application in order to increase their chances of success.
Who is Eligible For Cancellation of Removal?
To be eligible for cancellation of removal in Milwaukee, WI, an alien must establish that they have been living continuously in the United States for at least 10 years, that they possess good moral character, and that their removal would create exceptional and extremely unusual hardship to themselves or a qualifying relative who is a citizen or lawful permanent resident.
Additionally, the individual must not have been convicted of certain criminal offenses. If eligibility requirements are met, an Immigration Judge may grant the alien cancelation of removal and they would then be allowed to remain in the United States.
Cancellation of Removal for Lawful Permanent Residents
This form of relief is available to immigrants in removal proceedings, allowing them to remain in the United States after justifying their eligibility for certain criteria. To successfully obtain this type of relief, legal representation may be necessary given the various documents, court hearings, and statement preparation involved in the procedure.
Below are the criteria for lawful permanent residents:
- Must be an LPR for at least five years
- Have resided in the United States for seven years
- No disqualifying criminal cases or conviction
Cancellation of Removal for Non-Lawful Permanent Residents
This form of relief is available to non-lawful permanent residents who have been present in the United States for at least 10 years, demonstrate good moral character and have not committed certain types of crime as defined by immigration laws. While an attorney’s guidance can be beneficial, an individual seeking cancellation may file their application on their own with U.S. Citizenship & Immigration Services (USCIS).
The application must demonstrate the hardship a qualified individual would experience if removed from the U.S., or the extreme difficulty a qualifying relative would encounter if separated from the applicant. Furthermore, applicants must prove that the person’s deportation would result in exceptional and extremely unusual hardship for one’s family members who are lawful permanent residents or United States Citizens.
What Are Other Ways to Fight Deportation Charges in Wisconsin?
If you are facing deportation charges in Wisconsin, it is essential to know that you have other legal options other than “Cancellation of Removal” to fight the charges. Here are some ways to fight deportation charges with the help of an experienced immigration lawyer:
- Seek Legal Representation: The first step to fighting deportation charges is to hire an experienced immigration lawyer who can provide legal advice, guidance, and representation throughout the process.
- Contest the Charges: Your immigration lawyer can help you contest the deportation charges by challenging the legal grounds for your removal or by presenting evidence that demonstrates why you should not be deported.
- Apply for Relief: Your immigration lawyer can help you determine whether you may be eligible for various forms of relief that could help you avoid deportation, such as asylum, adjustment of status under INA 245(i), adjustment of status under INA 249, prosecutorial discretion, or private bills. Your lawyer can assist you in filing the necessary applications and presenting the strongest case possible to support your eligibility.
- File an Appeal: If the immigration judge orders your deportation, your immigration lawyer can help you file an appeal to the Board of Immigration Appeals (BIA) within 30 days. Your lawyer can help you build a strong appeal and represent you during any related proceedings.
- Seek a Stay of Deportation: Your immigration lawyer can help you seek a stay of deportation while your case is being appealed or while you are waiting for a decision on a form of relief. This can give you more time to work on your case and explore other legal options.
Fighting deportation charges can be a challenging process, but with the help of an experienced immigration lawyer, you can better understand your legal options and receive the necessary guidance and representation to fight your case. Your lawyer can help you explore all available options, including adjustment of status under INA 245(i) or 249, prosecutorial discretion, or private bills, to find the best solution for your specific case.
Differences Between Cancellation of Removal and Other Forms of Relief
Milwaukee, MI cancellation of removal is a form of relief from removal (deportation) available to certain non-permanent residents in the United States who are in removal proceedings before an immigration judge. It allows them to apply for lawful permanent residence (a green card) and avoid deportation if they meet certain eligibility criteria.
Here are some differences between cancellation of removal and other forms of relief from removal:
The eligibility criteria for cancellation of removal are different from other forms of relief. For example, asylum requires the applicant to show a well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group, while cancellation of removal requires the applicant to show that they have been physically present in the United States for a certain period of time, have good moral character, and that their removal would result in exceptional and extremely unusual hardship to their U.S. citizen or permanent resident spouse, parent, or child.
Cancellation of removal is available only to non-permanent residents who are in removal proceedings before an immigration judge, while other forms of relief may be available to both non-permanent and permanent residents.
Standard of Proof
The standard of proof required to establish eligibility for cancellation of removal is higher than some other forms of relief. For example, to establish eligibility for asylum, an applicant must show a well-founded fear of persecution, while to establish eligibility for cancellation of removal, an applicant must show that their removal would result in exceptional and extremely unusual hardship to their U.S. citizen or permanent resident spouse, parent, or child.
If granted, cancellation of removal results in the issuance of a green card, while other forms of relief may result in the grant of temporary protected status, employment authorization, or other benefits.
There are limitations on the number of individuals who can be granted cancellation of removal each year, while some other forms of relief do not have such limitations. Additionally, some other forms of relief, such as asylum, may provide a pathway to citizenship, while cancellation of removal does not.
Call our Cancellation of Removal Attorney Now!
Are you or someone you know facing the threat of deportation? Don’t let the fear of deportation disrupt your life any longer. Contact Miller & Miller Immigration Attorneys to learn more about cancellation of removal in Milwaukee WI, and explore the many immigration options available to you.
Our experienced attorneys provide free initial consultations to discuss your case and determine the best course of action. Whether you’re seeking Adjustment of Status, Amnesty, an E-1 Visa, Family Immigration, a Green Card, Advance Parole, Employment-Based Immigration, an E-2 Investor Visa, or an H-1B Visa, we’re here to help.
In addition to our immigration services, we also offer legal representation for Bankruptcy and Personal Injury cases. Don’t wait any longer. Contact Miller & Miller Immigration Attorneys today to schedule your free consultation and take the first step toward securing your future.