09 Apr May removal of Lawful Permanent Resident be cancelled?
By Atty. Crispin Caday Lozano
There are certain Permanent Residents who were sent to removal proceedings because of crimes, drug cases and immigration violations. If you are one of those, there is the relief of Cancellation of Removal to keep your status as Permanent Resident.
Q. Who qualifies for Cancellation of Removal as Permanent Resident?
A. The following are the requirements:
- You have been a permanent resident for at least five (5) years;
- Prior to service of the Notice to Appear, or prior to committing a criminal or related offense referred to in sections 12(a)(2) and 237(a)(2) of the INA, or prior to committing a security or related offense referred to in section 237(a)(4) of the INA;
— you have at least seven (7)years continuous residence in the United States after having been lawfully admitted in any status; and
- You have not been convicted of an aggravated felony.
Q. If a crime is committed within five years after entry as Permanent Resident to the U.S. does this make the Permanent Resident deportable?
A. Yes. However there is the Petty Offense exception. To qualify for this exception, the basic requirements are: (1) The noncitizen must have committed only one CIMT (ever); (2) The noncitizen must not have been “sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed)” 6 and (3) The offense must have a maximum possible sentence of one year.
Q, If the Permanent Resident committed a second criminal offense within seven years, does this make him deportable?
A. Yes. Although he qualified for petty offense exception in the first offense, the second offense will make him deportable if committed within seven years of his admission to the U.S. Unfortunately, to qualify for Cancellation of Removal, the crime must not be committed within seven years of his admission.
Q. If the Permanent Resident committed an aggravated felony after seven years does he qualifies for Cancellation of Removal.
A. No. Anytime you committed an aggravated felony makes you deportable.
Note: This is not a legal advice. You should seek the advice of an immigration attorney about your specific circumstances. Our Law Firm handles immigration relief of Cancellation of Removal.
- On March 29, 2019, we received an approval of adjustment of status for a client whose petitioner and primary beneficiary has died under INA 204(l)
- On March 28, 2019, we received an approval of renewal of green card for a client who was in the Philippines under medical treatment for one and a half years.
- From March 4 to 26, 2019, we received six adjustment of status approvals.
- For the month of February, 2019, we received tow approvals of renewal of green card and one approval of removal of condition on residence.
- On January 16, 2019, we received an approval of naturalization for a client who received a waiver of misrepresentation in Immigration Court.
- On January 28, 2019 we received an approval of adjustment of status for a client who entered on a visa waiver.
- On December 6, 2018, we received an approval from Immigration Judge an adjustment of status for a client in removal proceedings.
- On December 26, 2018, we received an approval from USCIS of adjustment of status for a client after our response to Notice of Intent to Deny the case based on good faith marriage issues.
- On December 28, 2018, we received an approval of a naturalization from USCIS for a client who was granted a waiver of misrepresentation in Immigration Court.
- For the month of December 2018, we received approvals of I-751 for three clients.
- For the month of November 2018, we received approvals of two adjustment of status, one naturalization and one U visa petition.
- For the month of October 2018, we received five approvals of N-400 and one approval for adjustment of status, two approvals of I-601A waiver of unlawful presence and one I-751 Removal of Condition on Residence.
- On September 19, 2018, we received an approval of N-400 naturalization application and one Fiancée visa petition..
- For the month of August 2018, we received an approval of four Naturalization applications and five adjustment of status applications.
- On July 27, 2018, we received an approval for permanent resident for a client who was abused by her spouse under VAWA.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He practices immigration law, bankruptcy and personal injury law since June 1999. His contact phone is 1-877-456-9266, email: firstname.lastname@example.org