Accomplished Massachusetts Green Card Lawyer At Preventing Removal

The Law Office of John P. McKenna, P.C., in Springfield, Massachusetts, represents individuals who are in removal and deportation proceedings. It assists families, employers and individuals during this difficult time. We fight for your rights. If you or a loved one is facing deportation or removal, do not give up. Do not face the USCIS (INS) alone. Call attorney John McKenna today and consider all your options.

Deportation Law And The Cancellation Of Removal

There are ways to remove a deportation or removal order. One of the most common is called cancelation of removal. It is a limited form of relief for nonpermanent or legal permanent residents.

Cancellation of removal is a limited form of relief for certain permanent residents and nonpermanent residents. It is available to certain nonpermanent residents who are in removal proceedings before an immigration judge, if the nonpermanent resident alien has been in the U.S. continuously for at least 10 years, is of good moral character, and can establish that his or her removal would subject a legal permanent resident or U.S. citizen, who is an immediate family member, to extreme and unusual hardship. Upon review of the evidence, the immigration judge may cancel the removal proceedings and grant the alien permanent residence.

Permanent residents convicted of certain crimes and subsequently put into removal proceedings may also be eligible for cancellation of removal, if they were present continuously in the U.S. as a legal permanent resident for seven years and were not arrested and convicted of a crime within their first five years of residency.

Who Is Eligible For The Cancellation Of Removal?

A nonpermanent resident alien who can establish the following is eligible to apply for cancellation of removal:

  • The alien has been in the U.S. for at least 10 years

  • He or she is of good moral character; has not been convicted of specified criminal offenses
  • His or her removal would result in extreme and unusual hardship to a spouse, parent or child who is a legal permanent resident or U.S. citizen

Currently, an alien is only eligible to apply for cancellation once. Therefore if the cancellation is denied, or if the alien ever loses his residency, the alien cannot reapply at a later date.

Visa Duration

Once granted legal permanent residency, the alien maintains this status indefinitely so long as he/she does not violate the rules regarding permanent residency.

Renewability

As with visa duration, once granted legal permanent residency, the alien continues to maintain this status indefinitely so long as he/she does not violate the rules regarding permanent residency.

Family Benefits

The grant of residency extends only to the alien and generally any family member who is also independently eligible.

What Documents Do I Need?

The following is a potential list of the types of documents that prove the alien's time of residency and unusual hardship to a U.S. citizen or permanent resident (others may apply as well):

  • Evidence that the alien has resided in the U.S. for at least 10 years. These may include copies of tax filings
  • Police reports from every jurisdiction the alien has resided in
  • School records of alien's U.S. citizen or legal permanent resident child
  • Medical records or evidence of physical ailments of the immediate relative that would establish "extreme hardship" (if applicable)
  • Therapy records or psychiatrist/psychology reports on effects of removal of family member on U.S. citizen or permanent resident (if available)
  • Evidence of property or assets in the U.S. belonging to the alien
  • Investment/bank statements of alien
  • Evidence of the alien's home country conditions that may result in exceptional hardship to the qualifying relative

What Is The Process Like?

The alien must be in removal proceedings to be eligible to apply for cancellation of removal. If the alien is not in removal proceedings but believes that they may be eligible for cancellation of removal, then the alien can request that the U.S. Citizenship and Immigration Services serve him or her with a Notice to Appear and then transfer the case to the immigration court.

Stage One

Prepare and file form EOIR-42B or EOIR-42A, together with the U.S. Citizenship and Immigration Service filing fee, with the immigration court.

Stage Two

Prepare alien's testimony and appear at a Master Calendar Hearing and an Individual Hearing. At these hearings, the alien will present evidence in the form of documents, affidavits and testimony that will establish that the alien's qualifying relatives will suffer exceptional hardship if the alien is ordered removed. (Note that the burden of proof on the alien is extremely high.)

Stage Three

If the immigration judge determines that the alien has met his or her burden, the removal proceedings will be canceled, resulting in the granting of legal permanent residence to the alien.

Attorney John McKenna can help ensure that you give the court the proof that you need to remain in the U.S. Contact John McKenna for a consultation.

Other Forms Of Relief

  • Asylum
  • Withholding of removal
  • Convention against torture

Oftentimes, criminal convictions are the basis that causes an alien to be placed in removal proceedings. In addition to being experienced in immigration law, John McKenna is an accomplished criminal defense attorney. If you face both immigration problems and criminal charges, he can assist you.

Contact a Massachusetts green card lawyer for an initial consultation by calling 866-607-0601.

Massachusetts green card lawyer providing green card, immigration law, removal and deportation, deportation law, asylum, INS and citizenship legal services to clients throughout Western Massachusetts.