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Cancellation of Removal for Lawful Permanent Residents

Even when you have a green card, you can still be removed from the United States. If you commit certain crimes, the government may begin removal proceedings against you, with the aim of sending you back to your native country. You may be able to combat that action with a cancellation of removal for permanent residents.

Securing Cancellation of Removal requires some legal maneuvering. You will need to follow proper immigration procedures, including appearing before a judge, and fulfill a number of requirements. Even then, you must prove to the judge that you merit this special measure. You will need to testify in court and convince them a compelling reason exists to keep you in the United States.

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Are you worried about meeting the criteria and doing everything by the book? You don’t have to be. The lawyers at Morales & Sparks can help you apply for the cancellation of removal for lawful residents. We can walk you through each step and we even have members of our staff who speak Spanish and can translate for you if English is not your native tongue.

To further reduce your worries, here is a look at the requirements you must fulfill for cancellation of removal for green card holders.

How to Apply for Cancellation of Removal

You can apply for this status by filling out form EOIR 42A and paying a filing fee of $100. In filling out your application, you will be required to prove the following things:

  • You have lived in the United States for a minimum of seven years after admission to the U.S.
  • You do not have an aggravated felony conviction.
  • You have not been awarded 212(c) relief or cancellation of removal previously.
  • You have been a permanent U.S. resident for at least five years.

Finally, this form of benefit is discretionary in nature.  Presenting positive factors to the court is essential, such as military service, community service or business ties. United States family ties also are viewed favorably by courts.

Your chances of winning Cancellation of Removal lessen if the judge finds evidence of poor character, fraudulent activity in your past or a recent or very serious criminal record.

The Benefits of Hiring an LPR Cancellation of Removal Attorney

Working with an immigration lawyer can ensure you do everything possible to win your case. Lawyers understand the legal demands of such a complicated case. They can steer your strategy. Also, a qualified and experienced immigration attorney can help you prepare for your extensive testimony before the judge in court, and they can help you prepare to answer the prosecutor’s questions as well.

These are the types of tips we can offer when you become a client at Morales & Sparks. We care about you and we want to help you stay in the United States, where you have established your home. Get in touch with us today to discuss your cancellation of removal options.

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