Cancellation of Removal for LPR

Are you a lawful permanent resident who is in removal proceedings?

There are many lawful permanent residents (LPRs) who are forced to leave the United States because of criminal convictions or guilty pleas to crimes that make them inadmissible or deportable. Fortunately, many LPRs qualify for a form of removal/deportation relief that is known as cancellation of removal for lawful permanent residents. This type of relief is extended to LPRs, or green card holders, who have been in the U.S. for a certain amount of time and whose criminal offenses are considered to be more minor. In order to qualify for this type of relief, the immigrant must meet a number of qualifications, file an Application for Cancellation or Removal for Certain Permanent Residents ( Form EOIR-42A), and convince an immigration judge that such relief is deserved.

Permanent residents who are applying for cancellation of removal should not try to complete this process on their own, as simple mistakes can end up ruining their ability to remain in the U.S. Instead, they should consult with a knowledgeable attorney who can properly guide them through the application process and effectively present their cases to the immigration judge. At Fayad Law, P.C., we have Virginia immigration lawyers who provide high-quality legal counsel for all types of immigration law matters, including those involving cancellation or removal for LPRs.

Eligibility for Cancellation of Removal

In order to qualify for cancelation of removal, LPRs must meet the following criteria:

  • Must have been a permanent resident for five years or more
  • Must have been lawfully admitted into the U.S. and continuously resided in this country for seven years or more prior to receiving a Notice to Appear, or prior to committing the crime that led to the removal proceedings
  • Was not convicted of an aggravated felony

There are also various factors that can make LPRs ineligible for cancellation of removal. It is best to consult with an attorney to determine whether or not you are eligible for this type of deportation relief. It is important to note that the burden of proof lies with the applicant when it comes to proving eligibility for cancellation of removal. Make sure you have the appropriate legal support when you are working to prove that you deserve a second chance to stay in the United States. Contact Fayad Law today!