Cancellation of Removal for a Lawful Permanent Resident

 Posted on May 08, 2019 in Immigration

Even lawful permanent residents (LPR) of the US, or green card holders, can be deported. If you receive a Notice to Appear before an immigration judge, then removal proceedings have begun against you. You will need to hire your own immigration attorney to represent you in these proceedings. To prevent your deportation, your attorney may file a petition for cancellation of removal, which the immigration judge may or may not approve, depending on the strength of the arguments made by your attorney.

Deportable Offenses: Grounds for Removal of an LPR

Removal proceedings may be initiated against a lawful permanent resident for any of the following deportable offenses:

• Commission of immigration fraud.
• Participation in terrorist activities.
• False claim of citizenship or unlawful voting in an election restricted to citizens.
• Conviction of a felony crime of moral turpitude within 5 years of entering the U.S. for which a sentence of one year or longer may be imposed.
• Conviction of two or more crimes involving moral turpitude.
• Conviction of an aggravated felony.
• Conviction of high-speed flight from an immigration checkpoint.
• Conviction of a crime involving a firearm or destructive device.
• Conviction of a controlled substance violation other than a single offense of marijuana possession of 30 grams or less.
• Conviction of a crime of domestic violence or violation of an order of protection.
• Failure to register as a sex offender.
• Found to be a drug abuser or addict.
• Becoming a public charge within 5 years of entry due to causes not affirmatively shown to have arisen since entry.

Three Criteria Required to Qualify for LPR Cancellation of Removal

You are eligible for cancellation of removal if you meet all three of these criteria:

• You have continuously resided in the U.S. for at least seven years prior to conviction of an inadmissible offense or prior to receiving a Notice to Appear.
• You have been an LPR for at least 5 years at the time the judge makes a decision on your petition for cancellation of removal.
• You have not been convicted of an aggravated felony, meaning a crime for which you were sentenced to prison for one year or more.

An inadmissible offense means a conviction of one drug crime, one crime of moral turpitude, or two or more offenses of any kind where you were sentenced to a total of 5 years or more in prison. Note the significant difference between an inadmissible offense and the much broader category of deportable offenses.

Consult a Chicago Cancellation of Removal Lawyer

If you have received a Notice to Appear, it is vital that you contact a knowledgeable DuPage County immigration lawyer to defend you against deportation. Call Mevorah & Giglio Law Offices at 630-932-9100 for immediate assistance.