Articles Tagged with Cancellation of Removal

Victims of crime may become eligible for immigration benefits, such as obtaining lawful permanent residence and citizenship, through different provisions of United States Immigration Law.  To seek these provisions, if is highly recommended that you are represented by an experienced immigration lawyer, such as attorney Sufen Hilf.

1. VAWA (Violence Against Women Act), a spouse, parent, or child who is suffers extreme cruelty or battery may file a self petition for lawful permanent resident status.  This can be done without the knowledge of the abuser. Despite the name of this immigration law, it applies to both men and women
2. Cuban Adjustment Act – applies to abused spouses of Cubans

The following are summaries of different types of Immigration relief from removal that are discretionary, and is not intended to serve as the substitute from seeking the advice of a competent immigration lawyer, such as the attorneys at Hilf & Hilf, PLC.

If during Immigration proceedings an alien is found to be removable, he or she can request different forms of discretionary relief.  The alien has the burden of proving that he or she is eligible to receive the requested form of relief under United States law, and that a hearing officer or Immigration Judge should exercise his or her discretion to grant the requested relief.
Voluntary Departure – Voluntary departure is different from simply leaving the United States.  One way of receiving voluntary departure is to make an agreement with Immigration and Customs Enforcement (ICE) prior to removal proceedings.  A second option for voluntary departure involves going to the Court and requesting voluntary departure.  The Court request can be made at anytime during the deportation proceedings.  If the Court grants the relief, the alien is asked: to confirm that this is what he or she wants to do; if the alien has any arrests and criminal convictions;whether previously the alien has been removed before or voluntarily departed before; whether or not the alien has a passport; whether or not the alien has the financial ability to pay for transportation from the United States; the date that the departure will occur (it has to be within 120 days).  Voluntary departure will not be granted to person that are deportable as an aggravated felon or as a terrorist.
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