Cancellation of Removal Requirements for Lawful Residents in Leesburg
Being at risk for removal or deportation is a scary experience that should merit the immediate attention of an experienced immigration attorney. Depending on the circumstances of your case, you may be eligible for cancellation of removal as a lawful permanent resident (LPR).
For a professional opinion regarding whether you meet the cancellation of removal requirements for lawful residents in Leesburg, schedule a consultation today.
What are the Eligibility Requirements for Cancellation of Removal LPRs?
The first cancellation of removal requirement to be met by an LPR in Leesburg is that they cannot fall into certain categories of individuals who cannot apply. These categories include persecutors and terrorists. Next, lawful permanents residents should make sure that they have not been convicted of an aggravated felony. Aggravated felonies are crimes that are specifically defined by Congress. The term misdemeanor and felony as used by the state court is not the same as this definition of an aggravated felony. That is why it is also important to consult with an immigration attorney to determine whether past criminal activities fall into this aggravated felony category.
, Further, the individual has to have been a lawful permanent resident for at least five years. Lastly, the lawful permanent resident has to have at least seven years of continuous residence in the United States since the time of admission. These are two separate requirements.
When Does the Clock Start on these Residents for Physical Presence Requirements?
The clock for physical presence in the United States, begins from the time of the admission. For example, if the applicant for cancellation is admitted in the United States as a tourist, they begin accruing their physical presence on the day they arrive versus the five years of permanent residence they have as a Green Card holder.
There have been instances where individuals meet one requirement but not the other in which they enter as a lawful permanent resident and meet the five-year LPR requirement, but they had yet to have been physically present in the United States for seven years. This means the individual is ineligible for cancellation.
Is Cancellation of Removal Easier or Harder for Lawful Permanent Residents?
It is actually easier for lawful permanent residents to acquire cancellation of removal because there is not a requirement of having a qualifying relative. They do not need to demonstrate hardship to an individual in order to go ahead and be eligible for this benefit. However, there is still the discretionary factor as to why the immigration judge should grant them the right to remain in the United States even though they’ve been placed in removal proceedings.
Learn More by Speaking with an Experienced Attorney
If you are worried about not being able to meet the cancelation of removal requirements for lawful residents in Leesburg, it is strongly recommended that you get in touch with a knowledgeable attorney today. By speaking with a legal professional, you will have a better idea about your eligibility for cancellation of removal. To schedule a consultation, call our offices today.