Cancellation of Removal for Lawful Permanent Residents
Cancellation of Removal for Lawful Permanent Residents
Lawful permanent residents (LPRs) can still face removal proceedings, often after criminal arrests or immigration issues. Cancellation of removal for LPRs is a form of relief that can allow a green card holder to keep their status and stay in the United States.
Legal Background
This relief is available under INA section 240A(a). It is discretionary, meaning that eligibility does not guarantee approval. The judge weighs positive and negative factors before deciding.
Eligibility Requirements
To qualify, an LPR generally must prove:
- Five years as an LPR at the time of the hearing
- Seven years of continuous residence in the United States after being lawfully admitted in any status
- No aggravated felony conviction
The rules are strict. A single aggravated felony conviction will make an applicant ineligible.
The Stop-Time Rule
The seven-year residency clock can be cut off by certain events, including service of an NTA or certain criminal conduct. If the stop-time rule applies, the seven-year requirement may not be met. A careful review of dates and charges is essential.
Evidence That Supports the Case
Judges look for evidence showing strong ties and rehabilitation, such as:
- Long-term residence, family ties, and community involvement
- Employment history and tax compliance
- Rehabilitation programs, counseling, or treatment records
- Letters of support from employers, clergy, or community leaders
- Evidence of hardship to U.S. citizen or LPR family members
Common Challenges
- Criminal records. The court will review convictions closely, including the specific statute and sentence.
- Incomplete evidence. Failure to document rehabilitation or community ties can hurt the case.
- Discretionary factors. Even eligible applicants can be denied if negative factors outweigh positives.
Practical Tips
- Get certified records. Court certified copies of convictions are often required.
- Address rehabilitation directly. Judges want to see accountability and positive change.
- Prepare for testimony. The judge will ask about the offense history and your life since then.
- Meet all filing deadlines. Late evidence is often excluded.
When to Seek Legal Help
LPR cancellation cases often involve complex criminal and immigration law issues. A lawyer can analyze eligibility, gather the right records, and present your case clearly.
If you are an LPR in removal proceedings, schedule a consultation to review your options.
This post provides general information and is not legal advice. Laws can change, and your facts matter.
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