Cancellation of Removal for Permanent Residents
Green card holders in removal proceedings may submit an application for Permanent Residents’ Cancellation of Removal to the Immigration Judge using form EOIR-42B and other supporting documents, provided they meet the following conditions:
- Must be a permanent resident for a minimum of five years;
- Must have continuously lived in the US for more seven years after their admission to the U.S., under any status;
- Cannot have committed an aggravated felony; and
- Should be admissible from the U.S on the basis of security.
For one to be accorded cancellation of removal as a permanent resident, he/she must prove the weight of the positive factors against the negative ones to the Immigration Judge. These positive factors include, but are not limited to: family ties in the U.S., serving in the U.S. Armed Forces, property and business ownership ties, employment history, long time U.S. residency, good moral character, service to the community, hardship to the immediate relatives and rehabilitation (in criminal record situations). On the other hand, negative factors comprise of: bad character evidence, the circumstances and nature of your exclusion, violation of other immigration laws, and criminal records (particularly the recency and seriousness of the convictions). Keep in mind that some groups are not eligible for Permanent Residents’ Cancellation of Removal.
- Some crewmen
- Persons with aggravated felony convictions
- Exchange visitors with the “J” status who are U.S-based medical professionals
- People who have persecuted others
- Those who, under section 212(c), previously benefitted from cancellation of removal, waiver or deportation suspension
- Those who have been convicted of some criminal offenses before the lapsing the 7-year period.
Keep in mind, if your green card was acquired through fraudulent means, then you cannot be eligible for cancellation of removal.
For you to win a case, you need to carefully assemble evidence that will prove your case’s positive factors outweigh the negative. This will help the Immigration Judge in applying his discretion in order to grant your application. However, it is imperative that you choose an experienced lawyer who has specialized in deportation defense to defend your case before the jury.
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