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Who Is an LPR?
Lawful permanent residents, also known as green card holders, are those individuals who have been granted permanent residency status in the United States. 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 also apply for U.S. citizenship after a certain period.
However, LPRs can still be placed in removal proceedings if they violate immigration laws. 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 for Lawful Permanent Residents
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 from the country.
Cancellation of Removal Eligibility Criteria
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:
- Be an LPR for at least five years.
- Reside and maintain a physical presence in the U.S. continuously for at least seven years after being admitted to any status.
- Not having been convicted of certain crimes.
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. 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.
Cancellation of Removal Process
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 and Supporting Documents
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 in relation to your criminal record.
Fees
There is a $100 filing fee and an $85 biometrics fee that must be paid to DHS. As per DHS instructions, you are required to 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.
Serve Copies of Applications
A copy of your application has to be served upon the Assistant Chief Counsel for the DHS, U.S. Immigration and Customs Enforcement (ICE).
Attendance of Hearings and Cooperation
Attend all scheduled hearings and appointments with the immigration authorities and fully cooperate with the immigration authorities during the removal proceedings.
What to Do if You Face Deportation by the USCBP?
The United States Customs and Border Protection (CBP) is part of the Department of Homeland Security and 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 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.
How Long Does a Cancellation of Removal Take?
The timeline for cancellation of 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.
How Can an Immigration Attorney Help?
An attorney can help an individual having a lawful permanent residence status with the cancellation of removal process. Some of the ways an attorney can help include:
Navigating Complex Immigration Laws
Cancellation of removal can be a complicated process that requires understanding U.S. immigration laws. An attorney can provide guidance on the laws and regulations related to the cancellation of removal and oversee that the LPR’s application is completed accurately and thoroughly.
Protecting Rights
An attorney can protect the LPR’s rights throughout the cancellation of 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.
Evaluating Eligibility
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.
Gathering and Preparing Evidence
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.
Filing the Application
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).
Representation in Removal Proceedings
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.
The lawyers at Andrew T. Thomas Attorneys At Law can assist you with your immigration needs. We provide a full range of services and can even appeal your deportation order. Call us for a free initial consultation today.
