Grant of Lawful Permanent Residence while in removal proceedings due to a criminal conviction.
Grant of Lawful Permanent Residence while in removal proceedings due to a criminal conviction.
Cancellation of removal for Non-Permanent Residents (“non-LPR cancellation of removal”)[1] is a special defense to deportation or removal available to noncitizens with qualifying U.S citizen family members. A person who is granted non-LPR cancellation of removal receives lawful permanent residence in the United States. Cancellation is a “defensive” application, meaning that it is only available to someone facing removal proceedings in immigration court.
In order to qualify for non-LPR cancellation of removal the noncitizen must meet the following criteria:
Prove that they have been continuously physically present in the United States for at least ten years;
Possess good moral character for ten years;
Prove that they have not been convicted of certain criminal offenses;[2] and
Prove that their removal will cause exceptional and extremely unusual hardship to their LPR or U.S. citizen spouse, child, or parent.
It is important to clarify that non-LPR cancellation of removal is not available to people who:
a) Already have received cancellation of removal or suspension of deportation;
b) Persecuted others, or are inadmissible or deportable under the anti-terrorist grounds; and
c) Crewmen who entered after June 30, 1964, and certain “J” visa exchange visitors.
Our client, a 37-year-old citizen of Mexico who has lived in the United States for more than 20 years, was placed in removal proceedings and detained at a correctional facility while awaiting the outcome of his application for non-LPR cancellation of removal. Removal proceedings were instituted as a result of his 3rd conviction for Driving Under the Influence (“DUI”). At the time of his arrest by Immigration and Customs Enforcement, our client had successfully completed his state-mandated treatment and conditions of release, and reintegrated to his community where he works and is perceived as a valued father, neighbor and friend. Through careful preparation, analysis and presentation of his case at trial, our client was able to prove that he had rehabilitated and did not pose a danger to public safety. One of the factors addressed through rehabilitation was his experience of traumatic events throughout his life that had gone unaddressed and that he had finally dealt with through counseling in order to achieve sobriety.
Through detailed testimony and evidence, it was also shown that his two U.S. citizen children and wife would suffer exceptional and extremely unusual hardship upon his removal. When considering substantial hardship, the court took into account the significant global needs of his 12-year-old son which include ADHD, sensory processing disorder and mood disorder among other health related conditions. His son receives specialized instruction at school and extensive health related services and support in the community.
Our client’s grant of relief means that his family will remain intact in the United States and provides him with a second chance to continue making meaningful contributions to his children, wife, family and his community. We wish him and his family the best of success in years to come.
Written by: Attorney Edwin Colon
Juris Doctor, University of Connecticut. Admitted to the bars of Connecticut and New York, and the U.S. District Court of Connecticut.