Understanding LPR Cancellation
May 9, 2022
If you are living in the United States as a lawful permanent resident (LPR) with a green card and you receive what is called a Notice to Appear (NTA), you are subject to removal proceedings because you committed one or more criminal offenses or violated other immigration provisions.
The notice is a call to appear before an immigration judge to determine whether you can stay in the U.S. or be removed (deported).
If you do receive an NTA, you need to consult with an experienced immigration attorney immediately. There is a way to avoid deportation under what is called “cancellation of removal,” but you must meet certain criteria and also show that your removal would result in “extreme hardship” to your loved ones.
The Law Office of Layne C. Savage serves the immigrant community in Providence, Rhode Island, and throughout the state, as well as in the Boston, Massachusetts area. Attorney Layne C. Savage is dedicated to helping you exercise your rights and protect your lawful status in the United States.
Reasons for Removal Proceedings
Even if you have a green card and are residing in the U.S. as a lawful permanent resident, you can be subject to removal for various reasons, including but not limited to:
Convicted of a crime of moral turpitude within five years of receiving LPR status
Convicted of two or more crimes of moral turpitude at any time after admission
Convicted of an aggravated felony
Convicted of a drug crime
Knowingly helped smuggle an alien into the U.S.
Convicted of child abuse or domestic violence
Illegally buying, selling, possessing, or engaging in other transactions involving firearms or destructive weapons
Conspiring to commit treason, sabotage, espionage, or sedition
Committing acts of terrorism
Convicted of or conspiring to engage in human trafficking
Convicted of supplying false information to immigration officials for visas, permits, or other entry documents
Applying for Cancellation of Removal
You may be eligible for cancellation of removal if you meet certain requirements, which will allow you to keep your green card and retain your residency. The requirements are that:
You have been a lawful permanent resident of the U.S. for at least five years before filing the application for cancellation.
You have continuously resided in the U.S. for at least seven years before the “stop-time rule” kicks in (described below).
You have not been convicted of an aggravated felony.
You have not received cancellation of rule relief in the past.
You deserve to retain your green card as a matter of discretion.
The stop-time rule used to compute the seven-year-residency requirement means that once you receive your Notice to Appear, the clock stops computing the seven years. The clock also stops when you commit a crime or security offense listed in the Immigration and Nationality Act (INA).
Proving Your Case for Cancellation of Removal
At your removal hearing, you will need to prove to the immigration judge that, as a “matter of discretion” (the judge’s discretion), you deserve to retain your green card and remain in the U.S. Generally, this means that you need to show that your removal would result in “extreme hardship” to your loved ones who will remain in the U.S. after you’re removed.
The Department of Justice (DOJ) words it in this way on its instructions for the Application for Cancellation of Removal:
“Your removal would result in exceptional and extremely unusual hardship to your United States citizen or lawful permanent resident spouse, parent, or child, and you are deserving of a favorable exercise of discretion on your application.”
The DOJ cancellation of removal instructions also advises that you “should submit documents which help to show that you are, and have been, a person of good moral character during the entire period of continuous physical presence in the United States required for eligibility for cancellation of removal.”
Serving Providence, Rhode Island
Clearly, making your case for cancellation of removal before an immigration judge can be a challenging task. Relying on an experienced immigration attorney is essential to presenting the best possible evidence for a positive outcome.
If you’re anywhere in Rhode Island, or nearby in the Boston, Massachusetts area, rely on the Law Office of Layne C. Savage to help you assemble the documents and evidence needed to press your case for cancellation of removal and to help you present your case before the judge