| An exclusion that allows for appeal to deportation is part of the Immigration and Nationality Act of 1952 and is identified as Cancellation of Removal While in Deportation or Removal Proceedings. The exclusion applies to any alien who was legally admitted to the United States as a permanent resident and somehow is facing deportation or removal proceedings. The immigration law states that he can present documents to an Immigration Court and ask the Judge to permit him to stay in his legal permanent residence in the United States. This type of legal petition is called Cancellation of Removal.
If the Judge grants the petition or approves the application for Cancellation Removal, the alien is pardoned and he returns to his former status as permanent resident. A Cancellation of Removal can only be granted once to an alien living in the United States. If the Judge denies the application, the alien is removed or deported back to his country of origin or last country lived in prior to the United States. This removal will be done by force and the INS will be directed to see that the alien leaves the country.
An alien who is facing deportation proceedings may appeal to the Board of Immigration Appeals. Once that appeal is filed, the alien may file appeals in a Federal Court of Appeals for the District that is his permanent residence. An alien may file for Cancellation of Removal if he qualifies for either Section A or Section B of the Immigration Law which states the following:
Section A which applies only to lawful permanent residents. To ask for cancellation an alien must show that he has been a legal alien for 5 or more years. He has lived in the United States for 7 years as a legal alien or on any other visa or status. He has not been found guilty of an aggravated felony. The United States Federal Immigration Law does not always differentiate between violent or non violent felony convictions.
Section B applies to non green card admitted aliens who are in the country illegally. The illegal alien must prove that he has been living in the United States for 10 years before he was asked to leave or served with a deportation or removal notice. The illegal alien must prove that during those 10 years he was not convicted of any criminal act. The illegal alien must show that during those 10 years, he was not charged with drug violations or of sexual exploitation offenses. The illegal alien must show that if he is removed his family, whether a spouse or child who is a legal resident of the United States would suffer.
|
"Thank you so much for helping us get a Green Card and stay together in the US, Phillip! From clients Paul Dort & Lucero Wiley, California"
"Attorney Kim helped me and my wife realize our American dream of staying together in the US by getting my wife a Green Card. It took less than three months. Please call my cell. (559) 978-9497 or home at (559) 297-4040. I will tell you more about Attorney Kim's practice." - by Leo HISUGAN & Marites HISUGAN; Fresno, CA.
“We got our Green Card approved in less than three months. Everything went very well smoothly. Thank You. We highly recommend Attorney Kim. Please call us at (559) 475-0155. We will tell you more about our experience with Attorney Kim’s firm.” – by Raul TABADA and Family; Fresno, CA.
“I hired two other lawyers before Mr. Kim. They could not do it. It was denied. Finally, my third attorney, Mr. Kim helped me to get my green card even after my husband died. Please call me at (559) 776-6323 (ask for Reagan). We will tell you more about how Mr. Kim helped us.” – by Sochinda Nguon & Reagan; Fresno, CA"
“I finally received my green card. Mr. Kim helped me through the entire process. He also worked with my financial situation. I am glad that I chose him and that’s why I highly recommend him. Please feel free to call me to ask about Mr. Kim’s practice at (559) 412-0941.” by Lilian & Eric Williams; Fresno, CA"
“My green card application was denied. Attorney Kim appealed for me and attended the interview with me. It was approved at the interview. Please call me if you want to ask me about Attorney Kim’s work. (209) 534-7112.” – by Molly Harrington; Los Angeles, CA"
|
|
