Facing the prospect of removal proceedings is terrifying, but especially so when you have worked so hard to obtain legal permanent residency in Oak Brook. Thankfully, you could qualify for a cancellation of removal with the help of a lawyer. A lawyer could review your lawful permanent resident eligibility and the requirements in Oak Brook for cancellation of removal. Do not lose your status, work with an attorney today.
Could a Lawful Permanent Resident Apply for Cancellation of Removal?
In the midst of deportation proceedings, lawful permanent residents could apply for a cancellation of removal, but this decision is only made by an immigration judge in court.
The eligibility requirements for LPRs are that they show that they have been in the United States, living continuously for seven years without having committed an offense that makes them deportable or removable from the United States. They also need to show that they have spent at least five years in a legal or lawful permanent residence before applying and that they do not have any aggravated felonies in their background as far as criminal convictions. The judge would use their discretion to decide whether the illegal permanent resident merits a grant of cancellation of removal.
How Difficult Is It to Obtain a Cancellation of Removal?
Cancellation of removal is easier for lawful permanent residents than people of other immigration statuses because the judge would be looking to see that they have met the continuous residency requirements as an LPR and that they do not have any aggravated felonies.
Compared to nonpermanent residents, cancellation of removal requires that a person be in the country continuous for ten years as opposed to the seven and that the person display good moral character during that time period. It is also required that the person have no criminal background that would make them removable or inadmissible from the United States. Finally, for cancellation of removal for non-legal permanent residents, they would need to show that an immediate family member that is a U.S. citizen, spouse, or a child would suffer extreme hardship if the family member was removed from the United States.
Removal Proceedings for LPRs
Despite what many people think, a lawful permanent resident could face removal proceedings. The Immigration and Nationality Act lays out a number of grounds that would make someone removable from the United States. If a person commits a crime that is enumerated in that statue, it would make them removable from the United States.
Some common ways that LPRs face removal proceedings in Oak Brook include being convicted of domestic battery crimes, any crime dealing with drugs, or any type of crime dealing with guns. Often enough, folks that have committed other crimes put together with any previous crimes are subject to removal.
Another involves situations where someone that has already committed a type of crime that makes them removable, but they were able to live in the United States because either the federal government did not know or did not seek their removal. When that person applies to renew their green card or when they apply for naturalization, those people get picked up by the federal government for removal.
If an immigrant is facing removal charges and needs immediate assistance, a dedicated Oak Brook attorney could help them fight back.
Let an Attorney Help
Despite what you may think, a green card does not make you exempt from removal proceedings if you have been charged with a serious offense. It is at this point where you or someone you love may very well face deportation. However, there are options that could prevent a removal. The eligibility requirements for lawful permanent residents in Oak Brook are unfortunately strict. To better your odds or the odds of someone you love, contact an experienced immigration attorney for help.