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Lawful Permanent Residents (LPR) are eligible for cancellation of removal. The eligibility requirements are that you need to have been admitted lawfully into the United States for five years. Regarding lawful admission, you must have been in the country as an LPR. You must also have had seven years of continuous residence in the United States, having been legally admitted to any status. Additionally, you could not have been convicted of an aggravated felony. You also must obtain a favorable exercise of discretion by the immigration judge.

Contact one of our knowledgeable visa attorneys to learn more about lawful permanent resident eligibility requirements in Aurora.

Timeline for LPR

The clock starts on the resident’s physical presence requirements as soon as the person is admitted into the United States in any legal status. The clock continues to run until that person is either served with a properly filed notice to appear or commits a crime that makes them removable from the country.

Each of those rules is subject to change, depending on the court jurisdiction that the person is in. For example, in the seven circuits, the rules will be different for any crimes committed prior to 1997.

Cancellation of removal is usually easier for a Lawful Permanent Resident. Being eligible for cancellation of removal depends on the facts of a specific person’s case. However, he or she needs to prove that they meet all of these other eligibility requirements that will be needed for an LPR grant in Aurora. The person must also prove he or she wants the immigration judge’s discretion by showing they meet those factors.

This is much different than a non-permanent resident that applies for cancellation of removal. Under that type of cancellation removal, someone must have ten years of continuous residence as opposed to the seven years needed as a LPR.

Could an LPR Face Removal Proceedings?

A Lawful Permanent Resident could face removal proceedings if he or she does not file to remove the conditions from their residency or if he or she committed a crime for which they were convicted.

Most immigrants elect to be represented by a criminal defense attorney with little knowledge of immigration law. These lawyers may take an offer or a deal that would be good for the U.S. citizen but would place a green card holder into removal proceedings.

Applying for Cancellation of Removal

If he or she meets the eligibility requirements, a Lawful Permanent Resident should consider applying for cancellation of removal in Aurora. However, he or she may also want to consider whether they are eligible for any other type of relief and consult with an immigration lawyer to determine whether they want to contest the grounds of removal as an LPR.

It is the government’s burden to prove that an immigrant is removable from the United States. He or she may be able to defend against being removed by challenging the government’s assertions that they are removable.

Common Mistakes on the LPR Application

Some common mistakes people make on LPR applications include:

  • Filing when they are not eligible for this type of relief
  • Not submitting the filing fee for the application with the Texas Service Center
  • Failing to provide all the documentary evidence that is required for a hearing

Other frequent errors people make include failing to prepare for an in-person individual hearing, failing to prepare their testimony, and failing to prepare with people that would be testifying on their behalf. For more guidance regarding Aurora LPR eligibility requirements, contact a skilled immigration attorney.

Discuss Eligibility Requirements for LPR with an Aurora Attorney

The LPR is one form of release you should always work with an immigration attorney to complete to ensure you get all other forms of release. This cancellation rule does not have to be the only thing you file for—that’s the value of working with a firm like Godoy Law Office. We can advise you on the best course of action in your particular case.

Call today to speak with one of our committed immigration lawyers more in-depth about lawful permanent resident eligibility requirements in Aurora.

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