Do you already have your Green Card? Unfortunately, if you have committed many types of crimes, you can be put into Removal Proceedings and deported. having the Green Card does not mean that you can stay here permanently and that you are safe from never being deported. Once you commit a crime of many different kinds, you could easily find yourself being transferred to immigration detention after you serve your criminal sentence. In that case, you would have to fight your case to stay in the U.S.
Application for Cancellation of Removal and Adjustment of Status for Certain Non-Permanent Residents 42(B). A Legal Permanent Resident can apply for cancellation of removal if they have maintained a continuous physical presence in the U.S. for 10 years, maintained a good moral character, and have not been convicted of an offense. The removal would result in exceptional and extremely unusual hardship to your U.S. or Legal Permanent Resident spouse, parent or child.
If that is the case, you could apply in many times for Cancellation of Removal. This is like a ‘get out of jail’ free card. It can happen once and if you win, you will get to keep your Green Card and stay in the U.S. even though you have committed a crime making you deportable.
Many times people who are not in Removal Proceedings or Deportation Proceedings believe that they can do cancellation of removal applications. In fact, many foreign nationals not in immigration court think that all they have to do is remain in the U.S. for 10 years and voila that they qualify.
Unfortunately, it is not that easy, nor is it correct. The ONLY way you can apply for Cancellation of Removal for Non-Permanent Residents is to be in deportation proceedings and fighting your case in front of an immigration judge. Additionally, it involves much more than simply being here for 10 years. You must also show that you have good moral character. This essentially means you do not have a criminal history and have not committed fraud on U.S. Immigration. Finally, and many times, the most difficult part of this, would be showing severe hardship to either a child, spouse or parent who is a lawful permanent resident or U.S. Citizen if you are deported. This does not mean merely the normal hardships associated with a deportation, but much more. Many times, we can show medical reasons. However, there are quite a few factors added together to increase the hardship of a deportation such as medical, economic, social, cultural and psychological. A psychologist is used many times to aid in showing the psychological hardship.
There are different kinds of cancellation of removal packets, but if you have no legal status or are not a lawful permanent resident, then this is the way you would apply.
The sample Cancellation of Removal packet for Non-permanent Residents you see will give lots of great information and a significant amount of information and data that will comply with the requirements. Thus, if you cannot hire an immigration lawyer to prepare the necessary Cancellation of Removal Packet, this is the next best thing. Follow it carefully and closely and you will have a real chance of realizing your dream to stay inside the United States. Note that the Immigration judge nor the trial attorney from the department of homeland security are your friend, and you must properly either get legal representation via an attorney or represent yourself. Either way, if you qualify for this, you must make it as strong as possible.
We certainly hope you find this petition useful and helpful and hope for the best immigration experience you can have. We do have petitions on every subject area of immigration and you might look at those if needed as well. If you do need to actually have a consultation, you can call our U.S. Immigration Law office at 562-495-0554 for an initial free consultation to determine what must be done to help you and your family.