New Jersey Lawyer Immigrant Cancellation of Removal
LPR Cancellation of Removal is a form of relief which is available to some 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 generally only available once, and it allows lawful permanent residents to avoid removal after being convicted for 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. Moreover, the applicant must demonstrate a minimum of 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 form of relief, or 212(c) relief in the past.
An aggravated felony could bar one from this type of relief. An aggravated felony is a broad category of criminal offenses which carry certain severe consequences under the immigration and nationality laws of the United States. Since the Immigration and Nationality Act of 1988 first introduced the concept of the aggravated felony, the number of crimes considered aggravated felonies has drastically increased.
It is important to bear in mind 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 their administrative discretion. In short, the applicant must demonstrate to the immigration judge that the favorable aspects of 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.
Immigrant 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 an exercise of the Court’s favorable discretion. It is best to be represented by an Immigration Lawyer when preparing and presenting an application for LPR cancellation of removal. Contact our New Jersey Immigration Lawyers online, or call 609-656-0909 in New Jersey to schedule a free consultation, and discuss your situation.
This content was written on behalf of Greg Prosmushkin.