How to Apply for 10-Year Cancellation of Removal
If you have been in the United States for a long time and are now facing deportation, you may qualify for the 10-Year Cancellation of Removal. To qualify, you must have been in the country for at least ten years, have good moral character, and have a parent, spouse, or child who is a U.S. Citizen or permanent resident. You must also show that your relative would suffer hardship if you are deported. A Tampa immigration lawyer can help you determine if you qualify, and then help you through the process, which is outlined below.
Attend Master Calendar Hearings
You will have to attend several court hearings known as ‘master calendar hearings.’ A number of other detainees will also attend. A lawyer representing ICE will also be there, trying to win their deportation case against you. If you do not speak English very well, you can also request an interpreter.
The judge will ask you basic facts about your case, but this is not the time to present your evidence supporting your case. If you need time to talk to a lawyer, the judge will grant you time to do that. You will then return to court for another hearing with your attorney.
When you return to court, you will have to deny or admit the charges against you. If you deny the charges, you are forcing the government to prove the charges against you and that you should be deported. This is an important step because the burden of proof is on the government’s attorney to prove their case.
Determining if You are Eligible
If the judge determines that at least some of the charges against you are valid, they will then ask you questions to determine if you qualify for 10-Year Cancellation of Removal. If the judge believes you are eligible, they will provide you with a copy of the application. It is important to know that simply receiving an application does not mean you have won your case. It simply means the judge believes that you qualify and can submit an application.
Submitting the Application
You will return to the court for another master calendar hearing before the final hearing where you will present your full case. During the master calendar hearing, you will submit your completed application to the judge. You should make two copies before the hearing, one for yourself and one for the government’s attorney. The judge will receive the original.
The judge will then schedule a final hearing. You will appear at this hearing alone, without any other detainees. The hearing will take a few hours, as you will present your evidence and your lawyer will argue your case.
Our Immigration Attorney in Tampa Can Help You Through the Process
Applying for 10-Year Cancellation of Removal can help you stay in the country, but the process can be complex. At Florida Law Advisers, P.A., our Tampa immigration attorney can guide you through it and give you the best chance of a successful outcome. Call us now at 1 (800) 990-7763 or contact us online to schedule a consultation and to learn more.
Source:
portal.ice.gov/pdf/LOPPdf/3or10yearCancellation/3-10YearCancellation_EN-508.pdf
