Removal Proceedings For Lawful Permanent Residents
The following is what you should know regarding removal proceedings if you are a lawful permanent resident. In this page, we provide a brief overview of some essential information, including how removal proceedings can be initiated, certain misconceptions, and other relevant facts. However, if you would like to know how this information applies to your case, get in touch with an immigration attorney.
To discuss your case in more detail consult with a DC cancellation of removal lawyer today to learn more.
Crimes That Result in Removal Proceedings
The most common way that a lawful permanent resident can be placed into removal proceedings is by committing a crime. Generally (but not always) a controlled substance offense (other than 30 grams or less of marijuana) are going to place you into removal proceedings, as are aggravated felonies and two or more crimes of moral turpitude, or, depending on the length that you’ve been in legal permanent resident status, even one crime of moral turpitude can put you into removal proceedings.
Another way that people can be placed into a removal proceedings is by abandoning their residency, which they can do by departing from the United States for long periods of time and trying to re-enter. Generally, you have to be gone for more than six months at a time to risk this. If you return to the United States and the government believes that you have abandoned your status as a green card holder, then they will place you into removal proceedings at that point and cancellation may be a good option.
Common Misconceptions About LPR Status
The most common reason by far is for criminal offenses that violate the LPR status. Sometimes people think, hey, my status is called lawful permanent resident, so I’m here permanently no matter what. This just isn’t true unless you’re a citizen. So, a lot of times it’s shocking to people to learn that criminal offenses can actually put you in violation of your status immediately and in many cases it’s just at easy to deport residents as it is to deport non LPRs or people without status.
Who Decides Whether to Grant Cancellation of Removal?
An immigration judge and immigration court will make the decision whether to grant cancellation of removal. Again, if you appeal the case to the Board of Immigration Appeals or to the circuit court, the final decision in some cases can also be made at that level, but it will be granted by a judge.
Top 3 Things to Remember about LPR Cancellation of Removal
Number one, you are not eligible to apply unless you are in removal proceedings. Number two, you must satisfy the residency and physical presence requirements, and number three, even if you have had many years of physical presence and many years of presence as an LPR in the United States, your time period could have been cut off many years ago if you committed a qualifying crime. So, you need to be very careful about evaluating your criminal record to determine your eligibility.