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.
If the cancellation of removal for permanent residents is granted, the foreign national can adjust status, meaning receiving the green card.
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
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