As an immigrant, you work the hardest you can to support yourself, your family, and your new way of live. However, this could be disrupted if Homeland Security launches a deportation case against you for past convictions. If you are in this situation, it should be a priority to speak with a skilled attorney experienced in dealing with cancellation of removal for lawful permanent residents in Doraville. A lawyer could speak on your behalf and review the details of your case to help you build a solid strategy against deportation.
Can Lawful Permanent Residents be Eligible for Cancellation of Removal?
There are two forms of cancellation of removal. One is for lawful permanent residents and the other is for non-lawful permanent residents. Not all permanent residents in removal or deportation proceedings are eligible for cancellation of removal, but it is an option for those who qualify.
In order to be eligible for cancellation of removal as a lawful permanent resident, the individual must have been this type of resident for at least five years, starting from the deportation date. In addition, individuals must have been continuously residing in the United States for a period of seven continuous years upon entering the United States. Lastly, individuals are also required to not have been convicted of an aggravated felony as well.
Is Cancellation of Removal Easier or Harder for Lawful Permanent Residents?
Cancellation of removal is easier for lawful permanent residents when compared to non-permanent residents. Cancellation of removal for non-permanent residents has a lengthier physical presence requirement, a good moral character requirement, and a hardship to qualifying family members requirement.
However, cancellation of removal for lawful permanent residents does not have a hardship requirement and the amount of time for physical presence is less. Therefore, since an individual does not have to prove hardship, which is typically the most difficult part of any case, the process may be easier for some.
How Could a Lawful Permanent Resident be Facing Removal Proceedings?
There are various reasons for Homeland Security to initiate a deportation case against a lawful permanent resident. Some of the most common reasons are for criminal grounds. Within the criminal ground section, if a person is convicted of committing a crime of moral turpitude such as murder, drug offenses, and fraud, they could be at risk of a deportation case being initiated against them.
There have been instances where a lawful permanent resident would travel abroad and upon returning to the US, if Homeland Security discovers a conviction on their record, they could use those convictions as a reason to keep them from entering. They would then initiate a deportation case against them.
Do Not Hesitate in Scheduling a Consultation
Upon obtaining legal status as a lawful permanent resident, you should feel within your right to do everything in your power to maintain this status, no matter if those who want to change your status is Homeland Security. In the event you have been issued a deportation order, you should get in touch with a lawyer familiar with dealing with these types of cases. Their knowledge regarding cancellation of removal for lawful permanent residents in Doraville could be the key to you avoiding removal from the US.