Understanding LPR Cancellation of Removal: What You Need to Know
Understanding LPR Cancellation of Removal: What You Need to Know
Congratulations to our client who was granted LPR Cancellation of Removal! Our work began four years ago during bond proceedings culminating in a merits hearing where our client faced removal from the United States. We are thankful for our client’s trust in our team and commend their hard work at rehabilitation and meaningful contributions to our community. To understand more about LPR Cancellation of Removal please continue reading below.
Understanding LPR Cancellation of Removal: What You Need to Know
When a lawful permanent resident (LPR) commits certain crimes, they can be charged as deportable from the United States under the Immigration and Nationality Act (INA). Take for example an LPR charged as deportable under INA Section 237(a)(2)(E)(ii) because they violated a protective order issued by a court, which involved protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued.
Certain criminal convictions as the one described above make it extremely difficult to overcome a charge of deportability, but there are legal avenues available for relief in certain circumstances. One such form of relief is LPR Cancellation of Removal, provided under INA Section 240A.
To be eligible for LPR Cancellation of Removal, an individual must meet several requirements:
Length of Residence: The applicant must have been a lawful permanent resident for at least five years;
Continuous Residence: Continuous residence in the United States for at least seven years is required. The accrual of the required seven years ends either when a Notice to Appear is issued (except in the case of VAWA applicants), or the noncitizen commits certain offenses. The offense committed must be referred to in INA § 212(a)(2), and cause the person to be deportable or inadmissible under the designated grounds which include any convictions for an aggravated felony;
Extreme Hardship Considerations: Extreme hardship to a qualifying relative is a crucial factor. This involves demonstrating that the removal of the individual would result in extreme hardship to their U.S. citizen or LPR spouse, parent, son, or daughter. Factors such as familial ties, health conditions, financial impact, and country conditions play a significant role in assessing extreme hardship;
Favorable Exercise of Discretion: In cases of LPR Cancellation of Removal, the court weighs both adverse and positive factors to determine whether to grant relief. While there is no requirement to show extraordinary equities, the court evaluates the totality of the evidence to make a decision. Positive factors can include family ties in the U.S., length of residency, hardship to the individual and their family, employment history, community involvement, proof of rehabilitation, and evidence of good character; and
Rehabilitation and Good Moral Character: An important aspect of the application is demonstrating rehabilitation and good moral character. This involves taking responsibility for past actions, completing any required programs or probation, and showing efforts to lead a law-abiding life since the incident(s) that led to removal proceedings.
Adjustment of Status with a Waiver under INA Section 212(h) or 212(c): Alternatively, if an individual does not qualify for LPR Cancellation of Removal, they may seek Adjustment of Status with a Waiver under INA Section 212(h) or 212(c). This waiver allows for relief from certain grounds of inadmissibility for LPR respondents in removal proceedings and requires a finding of extreme hardship to a qualifying relative among other factors.
Final Considerations: Seeking the guidance of an experienced immigration attorney well versed in the intersection of criminal and immigration law is highly recommended to navigate these complex processes and present a compelling case for relief. Remember, every case is unique, and the specifics of each individual's situation will determine the best course of action.
Written by: Attorney Edwin Colon, April 3rd, 2024
Juris Doctor, University of Connecticut. Admitted to the bars of Connecticut and New York, and the U.S. District Court of Connecticut.