Cancellation of Removal for Lawful Permanent Residents
Cancellation of Removal for Lawful Permanent Residents (also known as LPR Cancellation) is a form of relief from deportation available to those green card holders in immigration court proceedings. It allows long term permanent residents to avoid removal by the immigration court, even when they may have certain criminal convictions.
LPR Cancellation is especially useful for LPRs who have committed certain criminal convictions, as many of these convictions make a green card holder deportable but may be waived in immigration court if this form of relief is granted. Only those convictions classified under the Immigration Act (“INA”) as “aggravated felonies” are not waived. A good deportation defense lawyer near you can analyze your criminal conviction and let you know how best to resolve your case. As such, it is important you consult with an experienced deportation defense attorney to evaluate your entire case for LPR Cancellation eligibility.
Best Deportation Lawyers to Help with LPR Cancellation
It is important to hire the best deportation lawyer to help you with LPR cancellation because if you do not win your case in immigration court, you will be ordered removed or deported by the judge. To be eligible for LPR Cancellation, a person must have been lawfully admitted as a permanent resident for at least five years, have been residing in the United States for at least 7 years after a lawful admission in any status. Most importantly, the person could not have committed an aggravated felony. These issues are very complex, and the law is constantly changing, making it very important you hire the best deportation lawyers to help with evaluating criminal bars and your eligibility for LPR Cancellation eligibility.
There are many crimes that could be as simple as a shoplifting or theft offense that carried a sentence of a year or more, even if served on probation, to make an individual ineligible for LPR cancellation. Some of these convictions would even carry a mandatory detention provision which means the person will have to be detained while removal proceedings are ongoing without the ability to qualify for a bond. It doesn’t matter how long you’ve lived in the U.S. or what other positives you have in your favor if your crime is defined as an “aggravated felony”. Often times people don’t even serve any time in prison, only serve time on probation, or may get their criminal cases dismissed or treated by first offender laws in the state. Still, according to the immigration laws those convictions count to detain or remove an individual. Therefore, it is crucial to hire the best deportation defense attorney you can find in order to fight your deportation.
Deportation Attorneys to Help with the Stop Time Rule
There are several things that may trigger the stop time rule in your case, so it is important to hire a deportation attorney to help analyze that. The time period for which an LPR must have been in the country is complex in its calculation often times, because the seven-year requirement is subject to a “stop-time” rule. The seven years will stop counting when a person is served with a Notice to Appear or NTA, or upon the commission of certain crimes. The time will only be stopped by an NTA if the NTA is properly executed and meets the legal requirements. Consulting with good removal defense lawyer may allow you to challenge the stop-time rule because of a defective NTA. The time will also be stopped upon the commission of crimes that are defined by the Immigration and Nationality Act as aggravated crimes. These crimes involve more than those categories as aggravated by state law, and it’s important to consult an experienced and best deportation attorney to assess your case.
The government may also allege fraud or material misrepresentation at the time of obtaining permanent resident status in order to disqualify you from obtaining LPR Cancellation. Make sure to consult with an experienced removal and deportation attorney to explore certain waiver options that may resolve this issue and maintain your permanent resident status to meet the five-year requirements.
Best Deportation Defense Attorneys to win LPR Cancellation
Even if the eligibility requirements are met, this is a discretionary form of relief, so you should hire the best deportation defense attorneys to help you win your LPR Cancellation case. There are many balancing factors that. the Immigration Judge will balance to determine whether the permanent resident has rehabilitated and deserves to stay in the United States despite being deportable for committing certain crimes.
Hiring the best deportation lawyers will help you present your LPR Cancellation case before the Immigration Judge to obtain the best results. Some positive factors the judge will consider include family ties in the United States, property, or business ties to the United States. Therefore, someone who has less family or business ties to the U.S may be less likely to merit positive discretion. A long duration in the United States is also a positive factor that may be considered by the Immigration Judge, as well as community service and other evidence of good moral character. A good removal defense attorney can also help present evidence of hardship to you or to your family if you were ordered deported.
A good deportation attorney will also help you to avoid negative factors that may affect your case, including your criminal record. The nature and the underlying circumstances of the crime in which you were convicted are very important and need to be presented in a light that would enable the judge to grant your case. History of immigration violations or other evidence of bad character and undesirability may be mitigated by a great removal defense lawyer, and you may still be able to win your case.
Why should I hire the best deportation lawyers near me?
It is important to hire the best deportation lawyers near you because removal proceedings are done in the court that has jurisdiction near your place of residence. You can demonstrate the positive factors in your favor through documentary evidence as well as through personal and witness testimony at a hearing in Immigration Court. Since most people are not familiar with the legal process, it is imperative to hire the best deportation defense attorney you can find. If the judge grants the application, you will keep your status as a permanent resident and not be deported from the United States. If all other requirements are met, you may be able to naturalize and become a U.S. citizen in the future as well. Cancellation of removal can only be granted once, so if the person later commits another criminal offense triggers deportation, they will not be able to apply for LPR Cancellation again and will most likely be deported.
The Visa Pros at Weinstock Immigration Lawyers we guide you through this complicated and stressful process. If you are a Lawful Permanent Resident who is in removal proceedings, please contact one of our immigration lawyers at (770) 604-1603 to help you fight against your deportation.