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Basic Conditions When Applying For Cancellation Of Removal

By Kevin Carter


This procedure is only applicable if you get an on-going case for deportation in the immigration court before an immigration judge. In case you do not have an open case or your case has been considered closed because the judge issued a deportation order, you cannot apply for cancellation of removal. This application is a form of relief from being removed from the country. Before you submit the request, when you are in the city of Miami, it is essential you fulfill some requirements.

You must show proof that you have been a consistent resident of the country for ten years or more. Proof of this should be in a form of documentation, which you will present in court. These credentials include; social security records, utility bills and rent receipts.

You must also be of ethical character. You should be able to prove before the court that you are of impeccable morals. Letters from friends and family members confirming this would come in handy, tax records and documented proof that you contain no arrest records. Available family members could give live testimonies to back up your claims.

It would also help if you could provide evidence that your deportation would cause harm and hardships to a lawful citizen of the country that you would leave behind as a child or a spouse. For a better chance you must show that the hardship would be to an extreme level, that is, worse that would supposedly happen to someone deported to an underdeveloped third world country. You should also take with your credentials confirming your child or spouse is a permanent citizen.

The magistrate can disqualify your application if there is a viable source of information showing that you are an occasional drunkard. Being behind bars for more than one hundred and eighty days; you have been caught in ownership of illegal drugs. You have been involved in making a living through unlawful gambling. You have participated in smuggling of any form of items and you have been sentenced due to offenses of immorality.

The judge can also refuse your application if you have previously been involved in bad deals, you are a polygamist, have been convicted due to acts of brutality. Also, making the false claims to receive immigration benefits or have professed that you are a legal resident and put your name down as a voter.

Before appearing in court, you should be prepared to give testimony to the judge on your behalf and to give all the answers with complete honesty. It is also necessary to gather a few friends and relatives to testify on your behalf to help you stay in the country. Since the process can be a bit complex, it helps to acquire a good lawyer.

The success of this process is very infrequent; it will, therefore, help your case if you are amicably prepared. Also, make sure that all the data you present is truthful. Providing false information would only make the situation harder. Giving untrue evidence would lead to getting convicted and lead to immediate deportation.




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