Understanding the Basics of LPR Cancellation of Removal

March 20, 2018
Rebeca Sanchez-Roig

If you are not a citizen of the United States, you can be removed if you commit certain crimes or acts. If you are a long-time lawful permanent resident (LPR) who becomes removable, you may be able to keep your permanent residency status if you are granted LPR Cancellation of Removal. If you are an LPR who is in the process of being removed from the U.S., contact us immediately. For now, you should learn more about the LPR Cancellation of Removal process, outlined below:

Why might an LPR enter removal proceedings?

There are several reasons why an LPR might face removal, including:

  • Criminal conduct
  • Extended leave from the U.S.
  • Assisting other people to enter the U.S. illegally

What is an LPR Cancellation of Removal?

Cancellation of Removal is a form of relief that results in cancellation of removal proceedings, and adjustment of status to LPR. This relief is only available to individuals in removal proceedings before the immigration court. Individuals who have not been served with a notice to appear in immigration court, or do not have a scheduled date to appear before an immigration judge, cannot file for Cancellation of Removal.

What does an LPR Cancellation of Removal do?

As its name implies, a grant of Cancellation of Removal by the immigration judge cancels you’re removal from the U.S.  Before you file, you must ensure that you are eligible for the relief you seek. It is essential that you fulfill all of the requirements as an LPR to file for Cancellation of Removal, and we can help you with that.

What are the Requirements to File for LPR Cancellation of Removal?

In order to be eligible to file a Cancellation of Removal, you must be able to show that you:

  • Have been a lawful permanent resident in the U.S. for at least the last five years at the time the application is filed;
  • Have continually lived in the U.S. for at least the last seven years after having been admitted in any status, and before the “stop-time rule” is triggered;
  • Have not been convicted of an aggravated felony; and
  • Have not received a cancellation of removal, or 212(c) in the past; and
  • Deserve to win your case as a matter of discretion.

If all these requirements are met, you will be eligible to file a Cancellation of Removal. Even if you prove the first four requirements of your case, the decision to grant you relief is entirely up to the immigration judge’s discretion. The judge will weigh positive factors that tie you to the U.S. against the negative factors that led to the removal proceedings, as well as your history.

For this reason, you want to come prepared with the strongest argument possible about why you deserve to stay in the United States. Call on an experienced immigration attorney who has helped many people with their removal proceedings.

Contact Us

If you have received a notice regarding the beginning of your removal process, you need to contact Sánchez-Roig Law immediately. Our qualified immigration lawyers are here to help you get through this scary and difficult time. Give us a call today at 305-373-5385.