The Intricate Process of Cancellation of Removal for Legal Permanent Residents
As a legal permanent resident facing possible deportation, the process of cancellation of removal can be complex and daunting. However, understanding the intricacies of this legal procedure is crucial in order to navigate through it successfully.
What is Cancellation of Removal for Legal Permanent Residents?
Cancellation of removal is a form of relief from deportation for non-citizens who are legal permanent residents. It allows individuals to remain in the United States despite being inadmissible or deportable under immigration law. In order to be eligible for cancellation of removal, legal permanent residents must meet certain criteria.
Eligibility Criteria for Cancellation of Removal
In order to qualify for cancellation of removal, legal permanent residents must meet the following requirements:
| Criteria | Description |
|---|---|
| Continuous Residence | The individual must have been physically present in the United States for a continuous period of at least 7 years immediately preceding the date of the initiation of the removal proceedings. |
| Good Moral Character | The individual must demonstrate good moral character for the 7-year period prior to the initiation of the removal proceedings. |
| No Aggravated Felony | The individual convicted aggravated felony. |
Case Studies and Statistics
According to the Department of Justice Executive Office for Immigration Review, the approval rates for cancellation of removal applications vary based on the immigration court handling the case. For example, in 2020, the approval rate for cancellation of removal for legal permanent residents in the Los Angeles immigration court was 30%, while in the New York immigration court it was 45%.
Case Study: Juan`s Journey Cancellation Removal
Juan, a legal permanent resident, faced deportation proceedings due to a criminal conviction. However, with the help of an experienced immigration attorney, Juan was able to successfully demonstrate his eligibility for cancellation of removal based on his continuous residence and good moral character. After a lengthy legal battle, Juan was granted cancellation of removal and was allowed to remain in the United States with his family.
Final Thoughts
The process of cancellation of removal for legal permanent residents is complex and requires a thorough understanding of immigration law. It is crucial for individuals facing deportation proceedings to seek the guidance of a qualified immigration attorney who can effectively advocate for their case.
Cancellation of Removal for Legal Permanent Resident Contract
Introduction: This contract outlines the terms and conditions for the representation of a legal permanent resident seeking cancellation of removal under the Immigration and Nationality Act.
| Parties | Definition |
|---|---|
| Client | The individual seeking cancellation of removal, referred to as the client. |
| Attorney | The legal representative providing counsel and representation to the client in the cancellation of removal proceedings. |
| Terms Conditions |
|---|
| 1. The attorney will provide legal representation to the client in accordance with the Immigration and Nationality Act and relevant case law. |
| 2. The client agrees to provide all necessary documentation and information to the attorney for the purposes of the cancellation of removal proceedings. |
| 3. The attorney will diligently prepare and present the client`s case for cancellation of removal before the immigration court or relevant administrative body. |
| 4. The client agrees to abide by the advice and counsel provided by the attorney throughout the cancellation of removal proceedings. |
| 5. The attorney`s fees for representation in the cancellation of removal proceedings will be outlined in a separate fee agreement. |
| 6. Both parties agree to maintain confidentiality with regard to all information and documentation exchanged in the course of representation. |
By signing below, both parties acknowledge and agree to the terms and conditions outlined in this contract.
Top 10 Legal Questions and Answers about Cancellation of Removal for Legal Permanent Residents
| Legal Question | Legal Answer |
|---|---|
| 1. What is Cancellation of Removal for Legal Permanent Residents? | Cancellation of Removal, also known as Form EOIR-42A, is a legal process that allows certain legal permanent residents who are in removal proceedings to apply for relief from deportation. Way individuals facing deportation ask immigration judge allow stay United States. |
| 2. Who is eligible for Cancellation of Removal for Legal Permanent Residents? | To be eligible for Cancellation of Removal as a legal permanent resident, you must have been a legal permanent resident for at least 5 years, have continuously resided in the United States for at least 7 years after being admitted in any status, and have not been convicted of an aggravated felony. |
| 3. What are the key requirements for Cancellation of Removal for Legal Permanent Residents? | The key requirements for Cancellation of Removal for Legal Permanent Residents include proving at least 10 years of continuous physical presence in the United States, showing good moral character, and demonstrating that your removal would result in exceptional and extremely unusual hardship to your qualifying relatives. |
| 4. Can I apply for Cancellation of Removal for Legal Permanent Residents if I have a criminal record? | If you have been convicted of certain crimes, such as an aggravated felony, you may not be eligible for Cancellation of Removal. It is important to consult with an experienced immigration attorney to understand how your criminal record may impact your eligibility for relief. |
| 5. What is the difference between Cancellation of Removal for Legal Permanent Residents and Adjustment of Status? | Cancellation of Removal is a form of relief from deportation for individuals in removal proceedings, while Adjustment of Status is a way for eligible immigrants to become lawful permanent residents without leaving the United States. The eligibility criteria and application process for these two forms of relief are different. |
| 6. How long does it take to obtain a decision on Cancellation of Removal for Legal Permanent Residents? | The timeline for a decision on Cancellation of Removal can vary depending on the specific circumstances of the case and the workload of the immigration court. Important patient work closely attorney throughout process. |
| 7. What should I do if my application for Cancellation of Removal is denied? | If your application for Cancellation of Removal is denied, you may have the option to appeal the decision to the Board of Immigration Appeals. It is crucial to seek guidance from an experienced immigration lawyer to explore all available options for relief. |
| 8. Can I work while my Cancellation of Removal application is pending? | Depending on your immigration status and the specific circumstances of your case, you may be eligible to apply for a work permit while your Cancellation of Removal application is pending. An attorney can help you understand the employment authorization options available to you. |
| 9. How can I find a qualified immigration attorney to help me with Cancellation of Removal? | It is essential to find an immigration attorney who has experience with Cancellation of Removal cases and a strong understanding of immigration law. You can seek referrals from trusted sources, research attorneys in your area, and schedule consultations to find the right legal advocate for your case. |
| 10. Is it worth pursuing Cancellation of Removal as a legal permanent resident? | For many individuals facing the possibility of deportation, Cancellation of Removal can be a lifeline that allows them to remain with their families and continue contributing to their communities in the United States. While the process may be challenging, the potential benefits of obtaining relief from removal can be invaluable. |