Cancellation of Removal Eligibility for Lawful Permanent Residents (Green Card Holders)

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Lawful permanent residents are not exempt from removal proceedings in the United States. Criminal activity, or convictions for certain crimes, are the most common reasons why a lawful permanent resident can become inadmissible and face deportation. However, before a lawful permanent resident is deported they will need to go through removal proceedings. Once faced with removal proceedings, there is only one way to remain in the United States – the cancellation of removal.

What are the Different Kinds of Cancellation Removal?

Cancellation of removal can apply to both lawful permanent residents and non-permanent residents. There are different criteria that may make one person eligible and another not. It is important to work with an immigration lawyer to find if you are eligible to file for cancellation of removal. The Court may consider matters like how long an individual has been in the United States, if they have family in the United States, or take care of elderly parents.

However, eligibility is also dependent on an individual’s criminal history. For example, an individual cannot have a conviction for a crime that is classified as an aggravated felony to file for cancellation of removal. Non-permanent residents may face even more challenging requirements. Ultimately, an immigration judge will have the discretion to grant or deny the cancelation removal. It is especially important for non-permanent residents to work with an experienced immigration lawyer who can familiarize them with non-LPR cancellation, as it may be the only form of immigration relief available for those in removal proceedings who entered the United States illegally.

Who Starts Removal Proceedings?

The Department of Homeland Security (DHS) enforces U.S. immigration laws. If the DHS discovers an immigration law violation, the individual will be sent a document called an NTA or Notice to Appear. The NTA will include the charges that the DHS is accusing the respondent of. The document will include specific, factual allegations and removability grounds. Once the NTA is served the DHS will file the NTA with an Immigration Court. Thereafter, the Court will set a date for the individual to appear for their hearing.

Get Help from an Experienced Attorney

If you have received an NTA or are facing any type of deportation proceeding, contact an experienced lawyer today. Marlene Markowitz, Esq. has extensive knowledge of immigration laws, as well as the experience to guide you and advocate on your behalf. Call (786) 566-0045 for a consultation.

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