A lawful permanent resident (LPR) who is undergoing removal proceedings may be eligible for cancellation of removal, which means that the removal process will be halted and they will be free to continue living in the United States as holders of a green card. If an LPR is eligible and is in removal or deportation proceedings before an Immigration Judge, they can ask for their removal to be canceled. The LPR must submit Form EOIR-42A and supporting documentation to the Immigration Judge demonstrating that they meet all eligibility requirements in order to apply for cancellation of removal.
Am I qualified for retraction of evacuation? The LPR must have had their green card for at least five years and have lived in the United States continuously for seven years after being admitted in any status in order to be eligible for removal cancellation. The LPR's clock of continuous presence stops when they either violate certain criminal laws or receive a Notice to Appear from the government. A document that informs an LPR of deportation or removal proceedings is called a Notice to Appear (NTA). The time following a deportable offense, when the government issued a Notice to Appear, or while the LPR is awaiting the Immigration Judge's decision is not included in the five-year period of permanent residency. Additionally, the LPR must not have any aggravated felonies or other criminal convictions. Because they are not considered to have been lawfully admitted for permanent residency, a LPR who obtained their green card through fraud or misrepresentation will not be eligible for cancellation of removal; however, there may be other waivers available for the fraud, which is the subject of another article. Because LPR Cancellation is a form of discretionary relief, the judge will ultimately determine whether a person is deserving of the relief and whether or not to grant it.
The Immigration Judge must determine that the benefits outweigh any drawbacks in order for LPRs' removal to be canceled. The following is a rundown of a few positive and negative values considered by a Migration Judge.
Positive Equities Examples:
• American family ties;
• Evidence of hardship for the LPR's family and friends in the event of deportation;
• Manifestation of moral character;
• Work experience and/or connections to businesses;
• Possession of property;
• Medical problems of the passing relative(s);
• Public service; and • Participation in the US military
Negative Equities:
• The reason for removal;
• Violations of additional immigration or other laws;
• Criminal record;
• Manifestations of bad character; or
• Evidence that the LPR applicant will continue to engage in "bad or violative acts"
Cancellation of removal can only be granted once, so it is a valuable form of protection that should not be taken lightly. In order for the LPR to avoid an Order of Removal, the applicant must present a strong and convincing case.
