How Cancellation of Removal for Lawful Permanent Residents Works
If you believe that the U.S. is trying to deport you and you are a lawful permanent resident, it may be possible to have a court block your deportation. This can be accomplished by a procedure called cancellation of removal. This situation typically comes up if you have green card and have been convicted of a crime.
Requirements for Cancellation of Removal for Lawful Permanent Residents
The requirements for cancellation of removal are in INA § 240A(a). This procedure is also called 42A because that is the name of the application form.
You must meet all of the four requirements for cancellation of removal:
- You have been a lawful permanent resident for five years. This means you must have had a green card for five years.
- You have resided in the U.S. continuously for seven years after having been admitted in any status. Some people leave the United States for a period of time and then return. Depending on the length of time you were out of the U.S. you may have restarted the clock.
- You have not been convicted of an aggravated felony. Many drug crimes are considered an aggravated felony. DUIs are not aggravated felonies. If you have not been convicted, you still meet this requirement.
- You warrant favorable discretion. Perhaps you have a family here and support them through a business. The length of time you have lived here and lack of a criminal record are other factors that can be looked at.
There are different requirements for the cancellation of removal procedure if you do not have a green card.
Application Requirements
You can only apply for cancellation of removal once, and you must do so in court. This means you must have all of the materials that address the four requirements ready for the court.
Typical documentation includes: tax returns, lease agreements and bank statements. You will also need to prove why you “warrant favorable discretion.” Sometimes this is proven by letters from friends and family stating why you should be allowed to stay.
CALL 201-703-9400 TODAY FOR MORE INFORMATION.
If you are facing deportation and are a legal permanent resident or are an attorney representing a client facing deportation, you can cancel a deportation action through filing a 42A form. This is a serious process and one that you can only do once. It is best if you have an immigration attorney to make your case. Contact Ronald P. Mondello, Esq. Attorney at Law for help today. We have helped clients in both New York and New Jersey.
