New Jersey Lawyer Cancellation of Removal
LPR Cancellation of Removal is a form of relief which is available to certain lawful permanent residents in removal proceedings due to a Criminal Conviction. If the application is successful, the removal proceedings will conclude, and the immigration judge will allow the applicant to keep his or her green card. This type of relief is usually only available once, and it allows lawful permanent residents to avoid removal after committing a criminal offense.
Our New Jersey Immigration Lawyers can assist you in preparing and presenting an application for LPR cancellation of removal. To be eligible for this type of relief, an applicant must meet several requirements. First, it needs to be established that the applicant has been a Lawful Permanent Resident (LPR) for at least five years from the date the application was filed. Furthermore, the applicant must demonstrate at least seven years of qualifying continuous residence in the United States. Additionally, since LPR cancellation of removal can only be granted once in an applicant’s lifetime, the applicant must establish that he/she has not been granted this relief, or 212(c) relief in the past.
An aggravated felony could bar this type of relief. An aggravated felony is a broad category of criminal offenses that carry certain severe consequences under the immigration and nationality laws of the United States. Since the Immigration and Nationality Act of 1988 introduced the concept of the aggravated felony in 1988, the number of crimes considered aggravated felonies has drastically increased.
It is important to remember that LPR cancellation of removal is a discretionary form of relief. In other words, even if an applicant meets the statutory requirements, the immigration judge must still determine if the applicant is deserving of a favorable exercise of administrative discretion. In short, the applicant must demonstrate to the immigration judge that the favorable aspects in the case outweigh the unfavorable factors. Examples of unfavorable aspects of a case may be a criminal record, any immigration violations, and a lack of ties to the United States. On the other hand, favorable factors include family ties to this country, strong ties to the community, evidence of a hardship the applicant or the applicant’s family would suffer if he or she is removed from the United States, employment history, business ties, time spent in the United States, and proof of rehabilitation for the criminal offense committed.
Cancellation of Removal New Jersey Lawyer
The importance of supporting an application for LPR cancellation with documentary evidence and testimony cannot be overstated. The applicant must establish statutory eligibility for this form of relief, and that he or she deserves the Court’s favorable discretion. It is best to be represented by an Immigration Attorney when preparing and presenting an application for LPR cancellation of removal. Contact our New Jersey Immigration Attorneys Online, or call 609-257-4976 in New Jersey to schedule a free consultation, and discuss your situation.
This content was written on behalf of Greg Prosmushkin.