Cancellation of Removal Lawyer Alexandria, VA
Maria has called Alexandria home for nearly a decade. She works in Old Town, her children attend Alexandria City Public Schools, and her entire life is rooted in this community. Then a Notice to Appear arrives in the mail, charging her as removable from the United States. The fear of losing everything she has built is overwhelming. For many Alexandria residents in Maria’s position, cancellation of removal provides a legal avenue to remain in the country. Mr. Sris and the firm’s Of Counsel attorneys assist individuals facing removal by evaluating eligibility for this form of relief and advocating before the immigration court. To discuss your circumstances, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
On This Page
ToggleStrategic Options for Your Cancellation of Removal Case
Immigration law provides two distinct cancellation-of-removal pathways under 8 U.S.C. § 1229b. The first applies to lawful permanent residents who have held that status for at least five years, have continuously resided in the United States for at least seven years after admission, and have not been convicted of an aggravated felony. The second applies to nonpermanent residents who demonstrate ten years of continuous physical presence, good moral character, and that removal would cause dedicated and extremely unusual hardship to a qualifying relative who is a U.S. Citizen or lawful permanent resident.
An attorney with experience in removal defense reviews the facts of your case to determine which form of relief may be available. The process involves gathering evidence of your residency, family ties, community involvement, and any hardships your qualifying relatives would endure. The firm’s Of Counsel attorneys, together with Mr. Sris, prepare the application, file it with the immigration court, and present your case at the individual hearing. While no outcome is past results do not guarantee a similar outcome, thorough preparation can improve the likelihood that the immigration judge grants relief.
What to Expect in an Alexandria-Area Cancellation of Removal Proceeding
Removal hearings for Alexandria residents take place at the Arlington Immigration Court, located at 1901 South Bell Street in Arlington, Virginia. The process begins with a master calendar hearing, where the judge addresses preliminary matters, pleadings, and scheduling. If you are eligible for cancellation of removal, your attorney will file Form EOIR-42B (for certain nonpermanent residents) or EOIR-42A (for certain permanent residents). The court then sets a date for the individual hearing, which is the merits hearing where testimony and evidence are presented.
At the individual hearing, you and any witnesses testify about your background, family circumstances, and the hardship that would result from removal. Documentary evidence—such as tax returns, school records, medical records, and letters from employers or community members—is also submitted. The immigration judge considers all evidence and issues a decision. If cancellation is granted, you may adjust status to lawful permanent residence. If denied, an appeal to the Board of Immigration Appeals may be possible within a limited time. Because each case is fact-specific, it is important to work with counsel who understands the procedural requirements at the Arlington Immigration Court.
Potential Outcomes After Your Hearing
When an immigration judge grants cancellation of removal, the respondent is no longer subject to the removal order and becomes eligible for lawful permanent resident status. The number of grants is limited by statute each year, and eligibility is narrow. If the judge denies the application, the removal order stands, although an appeal may be available. The consequences of an adverse decision are serious—you could be removed from the United States and, depending on the circumstances, barred from returning for a period of years. For these reasons, preparing a thorough, well-documented application is critical. Mr. Sris and the firm’s Of Counsel attorneys work to identify the strongest possible hardship arguments and supporting evidence for each client’s unique situation.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. He is a former prosecutor who now concentrates on immigration defense, among other practice areas. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm’s Of Counsel attorneys bring extensive combined legal experience in immigration matters, working alongside Mr. Sris on each case. The Arlington location, at 1655 Fort Myer Drive, serves clients throughout Northern Virginia, including Alexandria, by appointment.
Frequently Asked Questions
Who qualifies for cancellation of removal?
Eligibility for cancellation of removal depends on whether you are a lawful permanent resident or a nonpermanent resident, and you must meet specific statutory criteria. For lawful permanent residents, you generally need five years of that status, seven years of continuous residence after admission, and no aggravated felony conviction. For nonpermanent residents, you must have ten years of continuous physical presence, good moral character, and show dedicated and extremely unusual hardship to a qualifying U.S. Citizen or lawful permanent resident spouse, parent, or child. An attorney can evaluate whether you meet the requirements before you apply.
What happens if I receive a Notice to Appear in Alexandria?
If you receive a Notice to Appear (NTA), you must appear before an immigration judge at the date and time specified, usually at the Arlington Immigration Court for Alexandria residents. The NTA lists the charges against you and the legal basis for removal. You have the right to be represented by an attorney at your own expense. You should contact an immigration lawyer as soon as possible so that your legal options—including potential relief such as cancellation of removal, asylum, or voluntary departure—can be explored. Failing to appear can result in a removal order entered in your absence.
How does a lawyer help with a cancellation of removal case?
A lawyer helps by determining eligibility, gathering and organizing the substantial evidence needed, presenting legal arguments, and representing you at the immigration court hearings. Cancellation of removal applications are fact-intensive. Your attorney will interview family members and other witnesses, collect documentation of your residency and good moral character, and prepare you to testify credibly about the hardships your removal would cause. At the individual hearing, the attorney examines witnesses, submits evidence, and makes legal and factual arguments to the immigration judge.
Can I work while my cancellation of removal case is pending?
You may be eligible to renew your employment authorization while your cancellation case is pending, depending on your current immigration status and the stage of proceedings. If you already hold employment authorization, you can typically apply for renewal. If you do not have work authorization, you may not become eligible simply by applying for cancellation. Your attorney can advise whether you can apply for an employment authorization document and when to file.
What if my cancellation of removal is denied?
If the immigration judge denies your cancellation application, you have the right to file an appeal with the Board of Immigration Appeals, usually within 30 days of the decision. The appeal must identify legal or factual errors in the judge’s ruling. If the appeal is dismissed, the removal order becomes final. In some circumstances, a motion to reopen or reconsider may be available. An attorney can explain your post-decision options and whether any further relief is possible.
Why should I contact a lawyer instead of handling my own case?
Removal proceedings are formal court proceedings with complex procedural and evidentiary rules, and individuals who are represented have significantly higher success rates than those who proceed alone. The immigration judge cannot provide legal advice, and the government is represented by an attorney. A lawyer can object to improper evidence, cross-examine government witnesses, and ensure the record is fully developed for any potential appeal. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
For additional official information, visit the Arlington Immigration Court page on the Executive Office for Immigration Review’s website, or consult the U.S. Citizenship and Immigration Services for general forms and fee information.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Case results depend on a variety of factors unique to each case. Law Offices Of SRIS, P.C. — Arlington Location, 1655 Fort Myer Dr., Suite 700, Arlington, VA 22209. By appointment only. Call (888) 437-7747 to schedule.