07 Nov Requirements for Cancellation of removal for Lawful Permanent Resident
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)” 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.
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.
- For the months of May to June 2018, we have received four Naturalization applications approvals and two Adjustment of Status approvals
- On April 18, 2018, we received a grant of waiver from Immigration Court for a husband and wife client who made a misrepresentation of their marital status but has no criminal records, has long residence and strong family ties in the U.S.
- On April 12, 2018, the Immigration Judge in San Francisco approved a waiver of misrepresentation in applying for a visa for our client who has been in the U.S. for 26 years, no criminal record and strong family ties in the U.S.
- On April 3, 2018, we received an approval from USCIS for a U visa for a client who was a victim of crime.
- For the month ending March 31, 2018, we received approvals for four naturalization applications.
- For the week ending March 31, 2018, we received approvals of six Adjustment of Status, two Application to Remove Condition on Residence and two Renewal of Green Card approvals.
- On March 9, 2018, we received an approval from USCIS for adjustment of status for a client who was abused by her spouse. The I-601 waiver was approved based on extreme hardship.
- On February 15, 2018, we received a grant from Immigration Judge for a waiver of misrepresentation for a client who has been in the U.S. for long period of time.
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. His contact phone is 1-877-456-9266, email: firstname.lastname@example.org