LPR Cancellation of Removal is a form of relief which is available to certain lawful permanent residents (green card holders) who are in removal proceedings as the result of a criminal conviction. If you are successful in this type of application, then the removal proceedings will conclude with the immigration judge permitting you to keep your green card. This relief is typically a one-time chance for legal permanent residents to avoid deportation after coming into contact with the criminal justice system.
Our Philadelphia Immigration Lawyers can aid you in preparing and presenting an application for LPR cancellation of removal. There are several requirements which must be met in order to be eligible for this type of relief. First, you must establish that you have been a Lawful Permanent Resident (LPR) of the United States for five years from the date that you file the application. Also, you must prove that you have at least seven years of qualifying continuous residence in this country.
Additionally, you must demonstrate that you have not been convicted of an aggravated felony. An aggravated felony is a broad category of criminal offenses which carry certain severe consequences under the immigration and nationality laws of the United States. The number of crimes which are considered to be aggravated felonies has expanded dramatically since the concept of aggravated felony was introduced into the Immigration and Nationality Act in 1988.
In order to be eligible for LPR cancellation of removal, you must also establish that you have not received LPR cancellation of removal or 212(c) relief in the past. This is the case because LPR cancellation of removal can be granted to an individual only once in his or her lifetime.
Please do not forget that LPR cancellation of removal is a discretionary application. This means that even if you meet the statutory requirements referenced above, you also have to establish that you are deserving of a favorable exercise of administrative discretion. Therefore, you must be able to demonstrate to the immigration judge that the favorable considerations in your case outweigh the unfavorable factors, such as your record of criminal misconduct and any immigration violations. Favorable factors include family ties in this country, hardship to yourself and your family members if you were to be removed, community ties, employment history, business ties, duration of your residence in the United States, and proof of rehabilitation.
It is vital to support your application for LPR cancellation of removal with documentary evidence and witness testimony to establish that you qualify for this form of relief, and that you are deserving of the Court’s favorable use of discretion. It is best to be represented by an immigration lawyer when you prepare and present your application for LPR cancellation of removal.
This content was written on behalf of Greg Prosmushkin.