Proudly Serving Dallas, FT.Worth, San Antonio, Houston.
Proudly Serving Dallas, FT.Worth, San Antonio, Houston.
Lawful permanent residents, also known as green card holders, are those individuals who have been permitted the privilege to live and work in the United States indefinitely. They possess the right to accumulate wealth, own property, and contribute to the growth and development of the nation. As a result, they are authorized to live and work in the country permanently and have many of the same rights and benefits as United States citizens. They can sponsor family members for immigration and apply for U.S. citizenship after a certain period.
However, LPRs can still be placed in removal proceedings if they violate immigration laws. Crimes involving moral turpitude, for instance, could result in legal implications leading to deportation proceedings. In such cases, they may be eligible for cancellation of removal proceedings.
Immigration issues can be challenging. However, an attorney can provide valuable assistance to lawful permanent residents seeking cancellation of removal and help protect their rights throughout the process.
If you are facing deportation, consider contacting an experienced and skillful deportation defense lawyer to give yourself a chance at avoiding deportation. An attorney can provide the knowledge, experience, and guidance necessary to increase the chances of a successful LPR cancellation of removal application.
Cancellation of removal is a form of relief from removal proceedings for LPRs. In other words, it provides a way for LPRs to avoid being deported.
Cancellation of removal of a lawful permanent resident is outlined in section 240A of the Immigration and Nationality Act. An individual must meet specific eligibility requirements to be eligible for cancellation of removal proceedings. These include:
The cancellation of removal is a type of relief for individuals who are currently in removal proceedings in the U.S. The exact eligibility requirements for cancellation of removal can vary depending on whether the person is a lawful permanent resident (LPR) or a non-permanent resident.
For Lawful Permanent Residents (LPR):
For Non-Permanent Residents:
It is important to note that LPRs who have been convicted of certain crimes, including but not limited to, aggravated felonies, may not be eligible for cancellation of removal. Moreover, crimes involving moral turpitude or any criminal convictions can affect eligibility. Additionally, LPRs who have been placed in removal proceedings due to security or terrorism-related grounds may also not be eligible for cancellation of removal.
As per the provisions of the Immigration and Nationality Act, cancellation of removal is available only once and cannot be used as a relief more than one time.
An attorney can assist in evaluating the specific eligibility requirements for a particular case.
To ensure that all necessary steps are taken for a successful LPR cancellation of removal application, it is essential to follow a checklist of key items:
File Form EOIR-42A (Application for Cancellation of Removal for Certain Permanent Residents) at the appropriate immigration court along with supporting documents that the Department of Homeland Security (DHS) issued to you. You should also submit documents about your criminal record.
A $100 filing fee and an $85 biometrics fee must be paid to DHS. As per DHS instructions, you must provide biometric and biographic information to the U.S. Citizenship and Immigration Services (USCIS).
A copy of the USCIS ASC notice of fee receipt and biometrics appointment instructions must accompany your Form EOIR-42A as evidence of these payments.
A copy of your application has to be served upon the Assistant Chief Counsel for the DHS, U.S. Immigration and Customs Enforcement (ICE).
Show up promptly and well-prepared at all scheduled hearings and appointments with the immigration authorities and fully cooperate with the immigration authorities during the removal proceedings.
The United States Customs and Border Protection (CBP) is part of the Department of Homeland Security. It is primarily responsible for enforcing immigration laws at the border and enforcing U.S. customs laws.
While the CBP is not directly involved in the LPR cancellation of the removal process, it may initiate removal proceedings against an LPR for various immigration-related violations.
In these cases, the LPR may apply to an immigration court for cancellation of removal as a form of relief from removal proceedings if they meet the eligibility requirements.
The LPR’s application for cancellation of removal would be considered and decided upon by an immigration judge in an immigration court and not by the CBP.
There is no exact timeline for the completion of the cancellation of the removal process. The timeline for cancellation of the removal process will depend on the complexity of the case or the workload of the immigration court and the individual’s specific circumstances. It can take several months to a year or more to complete.
An attorney can help an individual have a lawful permanent residence status by cancelling the removal process. Some of the ways an attorney can help include:
Cancellation of removal can be a complicated process that requires understanding U.S. immigration laws. An attorney can guide the laws and regulations related to the cancellation of removal and oversee that the LPR’s application is completed accurately and thoroughly.
An attorney can protect the LPR’s rights throughout the cancellation of the removal process and can provide legal advice and representation in the event of any adverse decisions. They can also assist you in filing immigration appeals to challenge unfavorable decisions.
They can help determine if the LPR meets the eligibility requirements for cancellation of removal. If the LPR has a criminal conviction or criminal record, the attorney can assess whether they will be disqualified. For example, an LPR is ineligible to apply for a cancellation of removal if they have been convicted of an aggravated felony.
An attorney can help the LPR gather and organize proof of their LPR status and extreme and unusual hardship to a U.S. citizen or LPR spouse, parent, or child.
An attorney can assist the LPR in completing and filing the requisite forms with the Executive Office for Immigration Review (EOIR) and the Department of Homeland Security (DHS).
This is one of the most critical aspects of the process, where the attorney advocates for the individual and fights their case in front of the immigration authorities. An attorney can represent the LPR during removal proceedings, including appearances at hearings and meetings with immigration authorities. An attorney can also prepare the LPR for these proceedings and help them present their case favorably.