Cancellation of Removal For Lawful Permanent Residents
One of the most frequently sought after forms of relief in Immigration Court is Cancellation of Removal. There are two types of Cancellation: one for lawful permanent residents (those who already have a “green card”) and one for nonpermanent residents.
Cancellation is a discretionary form of relief subject to certain eligibility requirements. Section 240(A)(a) of the Immigration and Nationality Act (INA) defines the criteria for certain lawful permanent residents. The statute provides:
The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien-
(1) has been an alien lawfully admitted for permanent residence for not less than five years,
(2) has resided in the United States continuously for seven years after having been admitted in any status, and
(3) has not been convicted of any aggravated felony.
Cancellation of Removal is applied for on Form EOIR-42A. It is submitted and filed with the Immigration Court, and the burden of proof is on the Respondent (the individual facing removal proceedings in court) to demonstrate not only that all the statutory requirements have been met, but also that he/she deserves relief as a matter of discretion. If the application is granted, the alien is allowed to retain his/her permanent residence status in the United States.
How Our Office Can Help You To Stay in The United States
If you are a lawful permanent resident charged with removability, our attorneys can investigate whether you legally qualify for this form of relief and if so, represent you in pursuing it before the Immigration Court. Because this is a discretionary form of relief, it is not merely enough to demonstrate that you meet the eligibility requirements. In order to successfully receive a grant of cancellation, you must show the Judge how your case and circumstances warrant an approval. Our experienced attorneys will work with you to identify the merits of your case, assemble the necessary documentary evidence, and help craft the winning argument that will maximize your chances of prevailing in court and retaining your status in the United States.