Cancellation Of Removal - A Short Roadmap To Win Your Deportation Case At Immigration Court

Immigration Lawyer Carlos Batara shares how Cancellation Of Removal can be used to protect immigrants, lacking legal documents, from deportation and removal, and to prevent the separation of immigrant families. https://www.bataraimmigrationlaw.com

A 20-year veteran of deportation defense battles in Riverside, San Bernardino, and San Diego, immigration attorney Carlos Batara provides a brief roadmap to guide immigrants through the process of using this unique last chance defense at immigration court hearings, trials, and appeals.

Based on his experience as a deportation lawyer, Carlos Batara explains why immigrants seeking relief under cancellation of removal should carefully think about whether to hire an attorney for help before going to court.

THE GOAL OF THIS VIDEO

We sincerely hope, after viewing this video, you understand the challenges involved in winning your cancellation of removal case. Whether you decide to go forward on your own, or you decide to hire an immigration lawyer, you will know more about what to expect. And that's often half the battle of winning.

If you liked this video, please add your comment below.

And please do not hesitate to share it with anyone you know who is fighting deportation and removal from the United States.

If you need quick access to our office, here is the link to our mobile website: https://www.bataraimmigrationlaw.com/m/ .

THE LAST CHANCE DEFENSE

For many immigrants facing deportation, there is often no defense except cancellation of removal.

For example, unlike other individuals in similar deportation situations, they do not qualify for adjustment of status. This means, at the time of their immigration court hearing, they cannot obtain a green card based on marriage to a U.S. citizen or lawful permanent resident. They are also ineligible for relief under other immigration programs like asylum law or as a victim of domestic violence or trafficking.

Winning a cancellation of removal case is difficult. As a result, most lawyers will not recommend seeking this relief, except as a last chance defense.

THREE RULES FOR SUCCESS

There are three rules for success at your cancellation of removal immigration trial.

First, ten years of residency. You must have lived in the U.S. for ten straight years before immigration papers were filed to deport you. The rules for absences are tricky. You may need an immigration lawyer's advice if you have ever left the U.S. during the past ten years.

Second, good moral character. This requirement seems self-explanatory. Unfortunately, it is not simple to figure out what is and is not good moral character. Some convictions are considered so serious under immigration law that they lead to automatic deportation.

Third, exceptional and extremely unusual hardship. This is where, in most cancellation of removal cases, the winners are separated from the losers. Because this rule is so, so strict, most immigrants facing deportation should not handle not try to handle their immigration merits hearings without an immigration attorney. To do so is immigration suicide.

IMMIGRATION HARDSHIP

The key to winning a last chance defense case is proving hardship to your U.S. citizen or lawful permanent resident spouse, children, or parents.

But it is not normal or ordinary hardship. It is not just economic hardship. It is not just emotional hardship. It is not just medical hardship.

The requirement to win your cancellation of removal case is exceptional and extremely unusual hardship.

This a "totality of the circumstances" test. In other words, based on your family's total situation, if you are deported, how much will they suffer?

Because there are so many factors, and this video only covers a few examples, here's a useful resource: https://www.bataraimmigrationlaw.com/...

This link gives you access to my immigration hardship wheel.

I put this wheel together to provide you with more insights on what the immigration court judge wants to know at your cancellation of removal hearing.

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MORE INFORMATION?

Would you like more information about Batara Immigration Law's deportation and removal defense services? Call (800) 646-0667 or click here: https://www.bataraimmigrationlaw.com/....

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