A Legal Permanent Resident may have his removal cancelled before a hearing before an Immigration Judge. In order for this to happen, the Legal Permanent Resident has had this status for 5 years, he has had at least 7 years continuous residence in the United States after having been lawfully admitted in any status, and has not been convicted of an aggravated felony. Also has the Form EOIR-42A attached.
Do you already have your Green Card, but committed a crime and now U.S. Immigration is trying to deport you? This is possible, but you may qualify for a form of relief which for all intense purposes is your ‘get out of jail’ free card. A Lawful Permanent Resident or somebody with a Green Card may have his removal cancelled before a hearing before an Immigration Judge. In order for this to happen, the Legal Permanent Resident has had this status for 5 years, he has had at least 7 years continuous residence in the United States after having been lawfully admitted in any status, and has not been convicted of an aggravated felony. Also has the Form EOIR-42A attached.
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 must 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 Cancellation of Removal for Lawful Permanent Residents is quite a bit easier to get approved than the other Cancellation of Removal for those people who don’t have their Green Cards. It is not easy, but much easier. For this Cancellation of Removal, you need to have been physically present in the United States for 7 years and have had residency for 5 years and to have not been convicted of an aggravated felon. Thus, you do not need to show good moral character and you do not need to show extreme hardship to a U.S. relative such as a child, spouse or parent. Even if you have an aggravated felon, you may be able to go back to criminal court to argue why the sentence should be reduced or the guilty plea vacated.
Cancellation of Removal or ‘Cancellation of Deportation’ for people who have Green Cards, is basically a get out of jail free card. Once you prepare the application, argue the merits hearing in front of the Immigration Judge and await a decision, you will get your Green Card back and get removal proceedings ended if you win.
The sample Cancellation of Removal packet for Lawful 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.