You might be eligible to avoid deportation when you are placed in removal proceedings, if you have resided in the United States for a long time as a lawful permanent resident and meet other requirements.
Not even Green card holders are safe from removal proceedings or deportation. Convictions for specific crimes is how lawful permanent residents become inadmissible and or deportable, which often leads to being placed into removal proceedings in immigration court.
Any person with an LPR status who finds themselves in removal proceedings, might qualify for a form of relief called cancellation of removal for lawful permanent residents. Such relief is accessible for only people in immigration court, before an immigration judge and it allows you to retain your U.S. green card. To succeed with the cancellation of removal, you must demonstrate that you:
- You have been a lawful permanent resident for a minimum of five years at the time that application is filed
- Have continually lived in the U.S for at least seven years after being admitted, in any status and before the “stop-time rule” is triggered
- Have not been convicted of an aggravated felony
- Have not obtained cancellation of removal or 212(c) relief in the past and
- As a matter of discretion, deserve to win your case and keep your green card
Meeting the Lawful Permanent Resident Requirement for Five Years
Note that if you have had your lawful permanent resident status for at least five years, you are eligible for relief from deportation. Another important factor that an immigration judge will look at pertaining to this requirement is that you obtained a U.S. green card legally. If you acquired your U.S. green card through fraud you will not qualify for cancellation of removal.
Meeting the Seven Years Continuous Residence Requirement
To be eligible for cancellation of removal for lawful permanent residents, you must have continuously resided in the U.S for at least seven years after being admitted in any status and before the “stop-time rule” is triggered. Ask an immigration lawyer about the stop-time rule.
What does “admitted in any status” mean? Unfortunately, that depends on which federal circuit court jurisdiction you live within. According to a 2018 decision made by the Board of Immigration Appeals (B.I.A.), it means in most circuits that the person had lawful immigration status when admitted to the U.S. Here again, you will need to have an immigration law expert advise you on the admitted in any status rule. The Fifth and Ninth Circuit courts had previously issued decisions more broadly interpreting, “in any status, so that, for instance, a “wave through” would be enough.
Meeting the No Aggravated Felony Convictions Requirement
Having an aggravated felony conviction on your criminal record will make you ineligible for cancellation of removal. There are a number of crimes that are deemed aggravated felonies, but some of the most common are:
- Crimes of violence where you were sentenced to one year or more of imprisonment
- Murder
- Drug-trafficking crimes
- Rape
- Theft or burglary if you were sentenced to one year or more of imprisonment and
- Crimes involving fraud where the loss to the victim exceeds $10,000
Obtain Legal Representation
To figure out whether you are eligible for cancellation of removal consult with your nearest attorney. You will be able to get the help you need especially when completing forms, collecting evidence and having your lawyer represent you in an immigration court. Contact Gambacorta Law Office today at 847 443 9303 for your first free consultation.