CANCELLATION OF REMOVAL FOR PERMANENT RESIDENTS
If you are in deportation proceedings call Cleveland immigration attorney to help you to put together Cancellation of Removal for permanent residents defense.
If the alien-
(1) Has been an alien lawfully admitted for permanent residence for not less than 5 years,
(2) Has resided in the United States continuously for 7 years after having been admitted in any status,
(3) Has not been convicted of any aggravated felony, and
(4) Warrants a favorable discretion by the attorney general,
The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States.
Such relief is not available to foreign nationals who:
- Entered the U.S. as ""crewmen" after June 30, 1964;
- Were admitted with J-1 status to receive "graduate medical education or training " regardless of whether they now are or ever were subject to two-year foreign residency requirement of INA 212(e);
- Were admitted to the U.S. with J-1 status subject to two year home requirement INA 212(e);
- Are inadmissible due to security grounds;
- Have persecuted others;
- Were previously granted LPR cancellation.
Persons who obtained the residency through fraud or misrepresentation are not eligible for the relief under this section.
Continuity of residence is broken by a single departure from the U.S. "in excess of 90 days," or any periods of departure exceeding 180 days in the aggregate.
Residency ends when either:
- the person is served a Notice to Appear (NTA) or
- the persons commits an offense that renders him inadmissible under INA 212(a)(2) or removable under INA 237(a)(2).
The application can only be submitted after removal proceedings have commenced.
- Duration of U.S. residency;
- Whether the person came to the U.S. as a minor;
- Service in the armed forces;
- Evidence of a hardship to the applicant and his family if deported;
- Evidence of rehabilitation;
- Evidence of good moral character;
- Employment history;
Evidence to Collect
- Copies of Tax Returns
- Child support payments
- Letters of support from the employer
- Clients letters
- Records of insurance
- Real Estate ownership
- Marriage certificates
- Letters from doctors describing current medical problems such as depression
Good moral character is no longer a listed criteria. However, good moral character may still come into play as an element of establishing rehabilitation and support favorable discretion. There is no need to prove hardship to the relative in the case of CANCELLATION OF REMOVAL FOR PERMANENT RESIDENTS.
Download Form EOIR-42 for Application for Cancellation of Removal for Certain Permanent Residents
Irina Vinogradsky on Google+!
CALL EXPERIENCED CLEVELAND IMMIGRATION LAWYER TODAY TO DISCUSS CANCELLATION OF REMOVAL FOR PERMANENT RESIDENTS DEFENSE!
IMMIGRATION SERVICES IN HIGHEST DEMAND
United States Citizens and Lawful Permanent Residents can sponsor certain family members for permanent residence in the United States. This is the most common method of obtaining one’s “green card.” An individual can apply for a...
An individual may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification through PERM and then file Form I-140...
Green cards may be available to investors and entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs. One must invest $1,000,000, or at least $500,000 in a targeted employment area in new commercial enterprise....
A U.S. citizen who intends to marry a foreign national within 90 days of his or her fiancé(e) entering the United States, and both are free to marry, can apply for K-1 fiancé visa. The law requires that the couple met each other, in person...
The H-1B visa classification permits a foreign national to work in the United States for a temporary period. US employer should offer a position of employment that is in a specialty occupation and pay prevailing wage to satisfy H-1B requirement.
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture...
The judge may cancel removal in the case of an individual who is inadmissible or deportable from the United States, if such individual (1) has been an alien lawfully admitted for permanent residence for not less than 5 years...
All grounds of inadmissibility are listed in INA §212, regardless of the fact that individual is otherwise inadmissible, he or she may be admitted into the United States temporarily by the discretion of the Attorney General.
Affidavit of Support, Form I-864, is legally required for many family-based and some employment-based immigrants to show they will have adequate means of support after immigration to the United States. Every petitioner for his or...