Cancellation of Removal Proceedings: Understanding the Process and Requirements

Cancellation of removal proceedings is a legal process that allows certain non-citizens who are facing deportation to remain in the United States. This process is available to both lawful permanent residents (LPRs) and non-LPRs, and it can be a complex and lengthy process. In this article, we will discuss the basics of cancellation of removal proceedings, including the requirements and steps involved.

What is Cancellation of Removal Proceedings?

Introduction to Cancellation of Removal Proceedings

Are you or someone you know facing deportation from the United States? Cancellation of removal proceedings might just be the lifeline you need. This process is a form of relief that allows non-citizens to avoid deportation and even secure a green card, granting lawful permanent resident status. Let’s dive into what this really entails and who can benefit from it.

Eligibility for Cancellation of Removal

There are two main categories of individuals who can apply for cancellation of removal – lawful permanent residents (LPRs) and non-lawful permanent residents (Non-LPRs). Each category has its own set of requirements and processes, so it’s crucial to know where you or your loved one fits in.

Lawful Permanent Residents (LPRs)

If you’re already a lawful permanent resident, you’re not immune to deportation. However, there are specific criteria that, if met, can help you stay. Criteria:

• You must have been an LPR for at least 5 years.
• You need to have lived in the U.S. continuously for 7 years after being admitted in any status.
• No aggravated felony convictions on your record.

Application Process:

1. Gather Documentation: Collect evidence showing your continuous residence, LPR status, and clean record of major crimes.
2. File an Application: Submit the necessary forms and documents to the immigration court.
3. Attend a Hearing: Be prepared to present your case before an immigration judge, who will assess your eligibility and decide your fate.

Non-Lawful Permanent Residents (Non-LPRs)

For those without an LPR status, the path is a bit more winding but not impossible. Criteria:

• Must have been physically present in the U.S. for at least 10 years.
• Demonstrate good moral character throughout that period.
• Show that removal would cause “exceptional and extremely unusual” hardship to a U.S. citizen or LPR family member.

Application Process:

1. Document Your Case: Show proof of your residence, moral character, and potential hardship to family members.
2. Submit Forms: File the necessary paperwork with the immigration court.
3. Court Hearing: Prepare to explain your situation and why you meet the criteria in front of a judge.

Benefits of Obtaining Cancellation of Removal

Successfully navigating this process means more than just avoiding deportation. You get to stay in the U.S. and acquire lawful permanent resident status, which opens up a world of opportunities. Lawful Permanent Resident Status:

• The ability to live and work permanently in the U.S.
• Access to healthcare, education, and other benefits.
• A pathway to eventually applying for U.S. citizenship.

Other Advantages:

• Stability for you and your family.
• Peace of mind knowing you can stay in the country you call home.

Challenges and Considerations

While the rewards are great, it’s important to acknowledge the potential hurdles. The process is complex and challenging, requiring thorough preparation and sometimes legal assistance. Common Obstacles:

• Meeting stringent eligibility criteria.
• Gathering the necessary documentation
• Convincing an immigration judge through compelling evidence and testimony.

Important Considerations:

• The emotional and financial impact of the process.
• The possibility of not meeting the criteria and facing deportation.
• Seeking professional legal help to navigate the complexities.

By understanding the ins and outs of cancellation of removal proceedings, you stand a better chance of securing your future in the United States. Keep these points in mind, gather the necessary documentation, and consider reaching out to a legal professional for assistance. Remember, this is about more than just paperwork—it’s about protecting your home, your family, and your life in the U.S. Are you ready to take the next step and explore your options? Let’s tackle this challenge head-on and work toward a brighter future together!

Cancellation of Removal for Lawful Permanent Residents (LPRs)

LPRs are individuals who have been granted lawful permanent resident status, also known as a green card. They are considered to have a more permanent status in the United States compared to non-LPRs. To be eligible for cancellation of removal proceedings as an LPR, the individual must meet the following requirements:

• The individual must have been a lawful permanent resident for at least 5 years.
• The individual must have continuously resided in the United States for at least 7 years after being admitted in any status.
• The individual must not have been convicted of an aggravated felony.

If the individual meets these requirements, they may apply for cancellation of removal proceedings. However, it is important to note that this relief is discretionary, meaning that the immigration judge has the authority to grant or deny the application.

Cancellation of Removal for Non-LPRs

Non-LPRs are individuals who do not have lawful permanent resident status in the United States. They may have entered the country without inspection, overstayed their visa, or violated their status in some other way. To be eligible for cancellation of removal proceedings as a non-LPR, the individual must meet the following requirements:

• The individual must have been continuously physically present in the United States for at least 10 years.
• The individual must have been a person of good moral character during those 10 years.
• The individual must not have been convicted of certain crimes, including aggravated felonies and crimes involving moral turpitude.

If the individual meets these requirements, they may apply for cancellation of removal proceedings. However, as with LPRs, the decision to grant or deny the application is at the discretion of the immigration judge.

The Process of Cancellation of Removal Proceedings

The process of cancellation of removal proceedings can be lengthy and complex. It involves several steps, including:

1. Filing Form EOIR-42A with the immigration court: This form is used to request cancellation of removal proceedings and must be filed with the immigration court that has jurisdiction over the individual’s case.
2. Attending a hearing: After the form is filed, the individual will be scheduled for a hearing before an immigration judge. At this hearing, the individual will have the opportunity to present evidence and arguments in support of their case.
3. Submitting evidence: It is crucial to gather and submit all necessary evidence to support the application for cancellation of removal proceedings. This may include documents such as tax returns, employment records, and letters of support from family and friends.
4. Decision by the immigration judge: After the hearing, the immigration judge will make a decision on the application. If the application is granted, the individual will be allowed to remain in the United States and obtain a green card. If the application is denied, the individual may be subject to deportation.

Conclusion

Cancellation of removal proceedings is a complex legal process that can provide relief to non-citizens facing deportation. Whether you are an LPR or a non-LPR, it is important to understand the requirements and steps involved in this process. Seeking the assistance of an experienced immigration attorney can greatly increase your chances of success in your application for cancellation of removal proceedings.

FAQs

1. Can I apply for cancellation of removal proceedings if I have a criminal record?
2. How long does the cancellation of removal proceedings process take?
3. Can I appeal a denial of my application for cancellation of removal proceedings?

It depends on the type of crimes you have been convicted of. Certain crimes, such as aggravated felonies, can make you ineligible for cancellation of removal proceedings. It can vary depending on the individual case and the backlog of the immigration court. It can take anywhere from a few months to several years. Yes, you may appeal the decision to the Board of Immigration Appeals (BIA) within 30 days of the immigration judge’s decision.