If a loved one has been detained and is subject to removal proceedings, having legal permanent resident status could not protect that person from a removal. For legal permanent residents in Oak Brook, the cancellation of removal processes are serious and could determine whether your loved one is allowed to stay in the states. To better increase your loved one’s chances of a favorable outcome in court, retain the services of a dedicated legal professional.
What is the Process for LPR Cancellation of Removal
Generally, the process for an LPR’s cancellation of removal involves identifying whether someone is eligible for cancellation of removal, filling out form EORI-42A, gathering exhibits to present to the immigration judge to show that the respondent meets the eligibility criteria, trying the actual case in front of the judge, presenting the application through testimony and through evidence, and arguing in favor of the client and their application.
How Long Does the Process Take?
How long cancellation of removal for a lawful permanent resident takes depends on each case. It depends on when the judge is able to hear the case and the merits. Usually, a case could take as little as a couple of months to almost a year to get an immigration court date to file one. It also depends on whether the person is detained in immigration custody or outside of custody. If they are outside of custody, it could take many years for a final hearing.
Should Someone Apply for Cancellation of Removal If Eligible?
Without speaking to a lawyer first, someone who is eligible for a cancellation of removal should not apply. People looking to apply could not apply for cancellation of removal unless they are placed in removal proceedings. Whether or not someone wants to subjugate him or herself to removal proceedings is a conversation that that person should have with a qualified immigration attorney.
Common Mistakes to Avoid When Applying for a Cancellation
Some common mistakes people make on these types of applications include:
- Not filling out the proper forms
- Not identifying whether or not someone is eligible
- Not planning for potential roadblocks (past charges or convictions)
For a legal permanent resident in Oak Brook, the cancellation of removal process is only aided by the help of an experienced attorney. People could avoid these mistakes by working with an attorney that is focused on immigration law and specifically in removal defense.
Top Three Tips for LPRs on Cancellation of Removal Proceedings
The top three things lawful permanent residents should know about cancellation of removal proceedings are that it is only granted once in their lifetime, that they could not have any aggravated felonies, and that once granted it would waive any previous crimes that they committed that were included in the application.
Let a Zealous Immigration Attorney Help
For legal permanent residents in Oak Brook, the cancellation of removal process is challenging to work through and could result in either a removal from the states or a favorable outcome. The difference between those two results often is the retained experienced of a dedicated legal professional. Do not leave these important proceedings to chance, reach out and contact an attorney who could work for you today.