Cancellation of Removal Eligibility for Lawful Permanent Residents

After facing removal proceedings, cancellation of removal is one of the only outlets lawful permanent residents have to remain in the United States. With an experienced cancellation of removal lawyer by your side, you can be sure that your specific case is met with the utmost attention and dedication. An attorney can help prevent any unnecessary hardships or burden that removal proceedings may have on an individual or family.

Eligibility of Lawful Permanent Residents

There are two types of cancellation of removal that lawful permanent residents can be eligible for. The first type is for non lawful permanent residents (LPRs), or people who are undocumented. This grouping also includes those non-LPRs whose status has been expired or violated. The other type is for legal permanent residents who have committed a criminal offense that violates their green card status. This is typically the most common way for legal permanent residents to be placed in removal proceedings.

Requirements

For green card holders who are in removal proceedings, they must first prove that they have seven years of lawful presence in the United States. They must also prove they have been a green card holder for five of the seven-year period, and that they have no convictions that qualify as aggravated felonies. Convictions that constitute crimes of moral turpitude can be permissible, assuming you warrant a favorable exercise of discretion excluding aggravated felonies.

The discretion is a totality of the circumstances taken into consideration by the judge. The important points to convey to the court if you have been placed into removal proceedings is you do not pose a danger to the community, you are not a risk of being a repeat offender and that you have extensive family and community ties in the U.S.

Length of Status

In order to be eligible, seven years of lawful status must be established. If an individual entered the U.S. illegally, and then adjusted their status once in the U.S., the clock of eligibility would not start until the moment of lawfully admitted presence. An individual must prove seven years of lawful status before the five-year requirement comes into play to obtain a green card. This will be the date of issue found on the green card.

Cancellation of Removal: LPRs vs. Non-LPRs

It is much easier for lawful permanent residents to be eligible for cancellation of removal. For non-LPRs, there is an additional requirement to be satisfied that is typically the most difficult to prove. The non-permanent resident must prove that a family member, who is a qualifying U.S. citizen or legal permanent resident, will suffer extreme and unusual hardship if said non-LPR is not present in the United States. This family member can be a spouse, child or parent. Lawful permanent residents do not have the additional hardship and family connection requirements.

Key Information for LPRs

If a lawful permanent resident is placed in proceedings due to a criminal offense, they need to be sure that their sentence is not an aggravated felony. This would disqualify them. Also, they need to ensure all evidentiary requirements are well documented, and the documentation is submitted to the court in advance of the hearing.

It is also important that they comply with all other requirements, such as being fingerprinted and submitting the application package to the Texas Service Center prior to the individual hearing.

How LPRs Can Face Removal Proceedings

The most common way for a lawful permanent resident to undergo removal proceedings is by committing a crime that constitutes them being removable or inadmissible. For instance, if they travel abroad and then attempt to re-enter the states with a crime on their record, or if they are criminally detained for the offense and ICE is aware, they will be placed in removal proceedings.

A less common way is if a lawful permanent resident has traveled extensively abroad, and has abandoned their lawful permanent resident status by being outside of the country for too long. When the individual tries to re-enter the country, they may be placed in removal proceedings upon entry.

Cancellation of Removal Proceedings for Lawful Permanent Residents

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