Cancellation of Removal for Lawful Permanent Residents
Cancellation of removal is often used as a remedy for someone who is facing removal proceedings in immigration court. If the United States government decides that you meet all of the requirements for cancellation of removal under the law and deserve to remain in the United States, the government will allow you to remain in the county.Procedure
You can only apply for cancellation of removal for lawful permanent residents with the immigration court. You will have to file Form 42A, Application for Cancellation of Removal for Certain Permanent Residents and serve a copy of the application on the United States Immigration and Customs Enforcement’s (ICE) Office of Chief Counsel (OCC).Eligibility
To be eligible for cancellation of removal for lawful permanent residents, you must:
- Be a lawful permanent resident for a minimum of 5 years;
- Have resided in the United States continuously for 7 years after having been admitted into the United States in any status;
- Have not been convicted of an aggravated felony; and
- Convince the immigration judge that you deserve to have your application approved.
If you win your cancellation of removal case you are entitled to numerous benefits, including but not limited to:
- A green card;
- The right to live and work in the United States without needing an employment authorization card;
- Eligibility for need-based government assistance such as welfare, Medicaid and food stamps, and Supplemental Security Income if you are disabled; and
- Social Security card
Cancellation of removal for lawful permanent residents cases are a little easier than cancellation of removal for non-lawful permanent residents cases because you do not need to prove exceptional and extremely unusual hardship to your lawful permanent resident or U.S. citizen spouse, parent, or child. Also, unlike the application for non-lawful permanent residents, there is no numerical limit placed on the amount of applications the law permits immigration judges to approve in a fiscal year.
Our law office will take the time to carefully study and understand your case to make sure that you are not barred from eligibility because of a crime you may have committed or a bar to your application for not having continuous residence. Our Firm understands how to craft your application and submission in a way that will present your case in the best possible light to get it approved. Cancellation of removal cases often come down to whether or not the immigration judge feels you deserve to be granted your application. Our law firm has the experience to prepare you and your case in a way that can win. Through our experience, we have seen the following factors assist a client in winning their cancellation of removal case:
- Family ties in the United States;
- Employment history;
- Payment of taxes;
- Service in the United States armed forces;
- Value and service to the community;
- Religious ties; and
These are just some of the factors that we use to help convince the immigration judge that you deserve to remain in the United States.
You need and deserve a law firm and an attorney who will stand by your side through the cancellation of removal process and defend your right to be in the United States with undying passion. We want to have the honor of representing you. Please contact The Law Office of Armand Jawanmardi for a consultation on what you can expect when applying for cancellation of removal and what we can do for you at (713) 999-9115. We are always available 24 hours a day, 7 days a week to answer your questions.