In this intricate framework of legal regulations concerning the immigration process in the United States, even those individuals who are lawfully present in the country under the form of green card holders might encounter severe challenges associated with removal proceedings and deportation. The United States offers a legal remedy called “Cancellation of Removal for Lawful Permanent Residents” that allows certain individuals to avoid deportation and remain in the country, subject to meeting specific eligibility requirements and undergoing a formal legal process. In this all-car guide, we will explore the requirements, conducive conditions, and other details of the above relief provision.
Understanding the Basics
What Is Cancellation of Removal?
An Immigration Judge grants Cancellation of Removal for Lawful Permanent Residents, a discretionary relief similar to a pardon, allowing individuals facing deportation proceedings to retain their green card. However, this process is subject to strict eligibility requirements and guidelines. To succeed, you must meet the following requirements:
Being a Legal Permanent Resident for Five Years
The eligibility requirement for receiving a green card through an EB-5 visa is that the applicant must have had his green card for not less than 5 years on the time of filing the case. Additionally, to be eligible for Cancellation of Removal, you must have obtained your green card through legal means, as this relief is not available to individuals who have acquired their green card through fraudulent or illegal activities.
Seven Years of Continuous Residence
However, one of the primary requirement keys is that an individual has been physically present in the States, for pocket periods, and without any interruption of having been absent for one year, for not less than 7 years after admission before the stop-time rule coming into force. Jurisdictions interpret the ambiguous term “admitted in any status” in different ways. Therefore, it is advisable to consult the specific laws and regulations in your area to clarify their meaning and application.
Avoiding Aggravated Felonies
The rules and requirements for Cancellation of Removal may seem stringent and limiting, particularly for immigrants with a criminal conviction, such as an aggravated felony, which renders them ineligible for this relief. Misdemeanors consist of minor offenses and these felonies include serious crimes such as murder, rape, drug trafficking, and many others. It is also very important to avoid the following: These convictions are very dangerous with severe implications.
No Prior Relief
Cancellation of removal is available only if the noncitizen qualifies for it and has not previously received it on the same basis. If you have previously received a Cancellation of Removal, regardless of your immigration status at the time (legal permanent resident or otherwise), you are ineligible to apply for this relief again in the future.
Demonstrating Merit
Ultimately, the Immigration Judge’s discretion plays a significant role in your case. Alongside meeting the legal prerequisites, you must convince the judge that you deserve relief based on the merits of your circumstances.
Meeting the Five-Year Requirement
For those who have held their green card for less than five years, unfortunately, this form of relief is not available. It’s vital to emphasize that the lawful acquisition of your green card is a pivotal factor in meeting this requirement. If your green card was obtained fraudulently, you won’t qualify for cancellation of removal.
Understanding the Seven-Year Continuous Residence Requirement
To qualify for cancellation of removal, your continuous residence in the United States for at least seven years is paramount. The interpretation of “admitted in any status” may vary by jurisdiction. Typically, it means having lawful immigration status when admitted to the U.S. However, certain circuits, like the Fifth and Ninth, have broader interpretations, so it’s essential to consult local guidelines.
The “stop-time rule” is a crucial aspect of this requirement. It can be triggered by:
- Receiving a Notice to Appear (NTA) that initiates your Immigrant Court proceedings.
- Committing a crime outlined in the Immigration and Nationality Act (I.N.A. §212(a)(2)).
- Engaging in a security or related offense described in I.N.A. §237(a)(4).
These offenses include crimes involving moral turpitude and controlled substance offenses. Importantly, the clock stops counting toward the seven-year requirement from the day the crime is committed. If you haven’t reached seven years by the time the U.S. government files the Notice to Appear, you won’t be eligible for cancellation of removal.
Understanding Aggravated Felonies
Aggravated felonies encompass a range of serious offenses that have far-reaching consequences for non-U.S. citizens, particularly lawful permanent residents facing removal proceedings. While there is an extensive list of crimes considered aggravated felonies, some of the most common include:
Crimes of Violence
Individuals who have been sentenced to one year or more of imprisonment for crimes of violence, regardless of the time served, fall under the aggravated felony category. These crimes typically involve actions that cause or threaten physical harm to others.
Murder
A murder conviction, one of the most heinous crimes, automatically leads to classification as an aggravated felony. The gravity of this offense is reflected in its severe consequences under immigration law.
Rape
Sexual offenses, such as rape, are considered aggravated felonies. Those convicted of such crimes face significant challenges in immigration proceedings.
Drug-Trafficking Crimes
Offenses related to drug trafficking, a widespread issue globally, are also classified as aggravated felonies. This includes the distribution, sale, or transportation of illegal drugs.
Theft or Burglary
If an individual is sentenced to one year or more of imprisonment for theft or burglary, regardless of the actual time served, they are deemed to have committed an aggravated felony. These crimes involve the unlawful taking of another person’s property.
Crimes Involving Fraud
Crimes that involve fraud and result in a loss exceeding $10,000 to the victim are considered aggravated felonies. Fraudulent activities can encompass various acts aimed at deceit, misrepresentation, or financial harm.
Attempt or Conspiracy
EvThe immigration law treats an individual’s attempt or conspiracy to commit an aggravated felony as if they had actually committed the felony itself. This broadens the scope of what qualifies as an aggravated felony and increases the risk of being ineligible for cancellation of removal.
Reference to the Immigration and Nationality Act (I.N.A.)
The Immigration and Nationality Act, specifically Section 101(a)(43) (I.N.A. §101(a)(43)), defines aggravated felonies and provides the legal basis for their definition. This section provides a comprehensive list of offenses categorized as aggravated felonies for immigration purposes. It is crucial for individuals facing removal proceedings to be aware of this legal framework and its implications on their cases.
Impact on Eligibility for Cancellation of Removal
Cancellation of removal is a “one-time only” form of relief. If you have previously been granted this relief, whether as a lawful permanent resident or under I.N.A. §212(c), you are ineligible to apply again. Therefore, it’s crucial to consult with an experienced attorney to assess your eligibility and build a strong case.
Demonstrating Merit
To succeed in your cancellation of removal case, it’s not enough to meet the legal requirements; you must also demonstrate your merit as a matter of discretion. This means presenting your story compellingly and subjectively that convinces the Immigration Judge of your deservingness for relief. For detailed guidance on establishing merit, refer to “How to Apply for Cancellation of Removal (LPR).”
Seek Legal Assistance
Navigating the intricate world of immigration law, especially when facing removal proceedings, can be overwhelming. It’s highly recommended to seek personalized legal assistance to determine your eligibility for cancellation of removal. An experienced attorney can guide you through the process, help you prepare the necessary documents, and represent you effectively in immigration court.
In conclusion, the path to cancellation of removal for lawful permanent residents is a challenging one, but with the right legal support and a clear understanding of the eligibility criteria, it’s possible to secure