Cancellation of Removal for Lawful Permanent Residents
Our immigration attorneys at the Law Offices of Shorstein, Lasnetski, & Gihon help Lawful Permanent Residents obtain Cancellation of Removal in the Orlando Immigration Court. If you or a loved one is a lawful permanent resident (Greencard holder) in deportation proceedings in the Orlando Immigration Court, call us now to discuss your eligibility for Cancellation or Removal.
Cancellation of Removal is a form of relief from deportation in immigration court. In other words, even if a person is deportable, the immigration judge may be able to allow the person to not only stay in the United States, but also keep their greencard. In most cases, cancellation of removal will help a person who has a criminal conviction that makes them deportable to stay in the United States and to keep their greencard.
There are two types of Cancellation of Removal - 1) Cancellation of Removal for Lawful Permanent Residents, and 2) Cancellation of Removal for Non-Lawful Permanent Residents. In order for a Lawful Permanent Resident to be eligible for Cancellation of Removal, they must be able to establish the following elements:
- Lawfully admitted for permanent residence for five (5) years
- Have you had a greencard for five years?
- Continuous residence for seven (7) years
- Have you continuously resided in the United States for seven (7) years before the Notice to Appear was filing in Immigration Court and before the commission of any deportable offense?
- Not convicted of an Aggravated Felony
- Have you been convicted of an Aggravated Felony? If so, you would not be eligible for Cancellation of Removal.
- Warrants a favorable exercise of discretion.
- Do you warrant a favorable exercise of discretion? The immigration judge will consider the following factors:
- Family ties in U.S.
- Residency of long duration in the U.S.
- Evidence of hardship to the respondent and family if deportation occurs
- Service in Armed Forces
- History of employment
- Existence of property or business ties
- Existence of value and service to community
- Proof of genuine rehabilitation if a criminal record exists
- Evidence attesting to a respondent’s good character
- Nature and underlying circumstances of grounds of removal
- additional significant immigration violations
- existence of criminal record
- other evidence of bad character or undesirability.
If the immigration judge grants Cancellation of Removal, you will not deported and you will keep your greencard.
You are only eligible to obtain Cancellation of Removal once. If you have previously obtained Cancellation of Removal, you would not be eligible to apply again.
After an Immigration Judge finds that you are deportable, and if you are eligible for Cancellation of Removal, you would file Form 42A along with all accompanying documentary evidence with the Immigration Court. The Immigration Judge would schedule you for an Individual Hearing, which is very similar to a trial. The Immigration Judge would hear all of the evidence and would make the decision whether to grant Cancellation of Removal. Both the government attorney and your attorney would submit evidence, present witnesses and make arguments to the Immigration Judge.
You can appeal the Immigration Judge's decision to the Board of Immigration Appeals (BIA). The BIA will look at the evidence that was presented to the Immigration Court and can reverse the Immigration Judge's decision.