There are several avenues available to individuals in deportation proceedings to avoid deportation. These avenues depend on the circumstances on the particular case. Rhode Island deportation lawyers at George J. West & Associates have helped people avoid being excluded from the country by vacating their convictions and seeking to cancel their removal.
One avenue is : Cancellation of Removal for Permanent Residents
Cancellation of Removal Lawyers in Providence, Rhode Island; Cambridge, Massachusetts
Cancellation of removal under the Immigration and Naturalization Act allows for permanent residents (people with green cards) to prevent deportation.
Cancellation of Removal – Background
You can seek cancellation of removal only if you are in removal or deportation proceedings before the Immigration Court (in the JFK Building in Boston Massachusetts) in front of an Immigration Judge. You must have a valid green card, i.e., you must be a lawful permanent resident. To apply for cancellation of cancellation, you must fill out and submit Form EOIR-42B to the Immigration Judge, along with many documents supporting your claim that you meet the requirements for cancellation. An immigration lawyer is very helpful in this process, because the application and supporting documents are not easily to complete well and persuasively. You must show that you meet all requirements and that you merit the “discretion” of the court.
Cancellation of Removal – Eligibility Requirements
Under the INA (Immigration Statute), to qualify for cancellation of removal, you must have the following:
- 5 years of green card status: You have had your green card for at least five years;
- 7 years continuous presence in the U.S.: You have lived in the United States continuously for seven years after being admitted in any status; and
- No aggravated felony convictions: You have no criminal convictions, which can be classified as “aggravated felonies”
Cancellation of Removal – Common Issues
- Fraud: If you acquired your green card through fraud or misrepresentation, you aren’t considered to have been “lawfully admitted for permanent residency” and therefore, don’t qualify for cancellation of removal;
- “Stop-Time” Rule: continuous presence is considered to have ended when either the government serves a Notice to Appear, the first document which begins a deportation or removal case, or the green card holder commits certain criminal offenses, including gun crimes;
- The five-year period of permanent residency may include time after a deportable criminal offense and after the government has issued a Notice to Appear, initiating deportation proceedings, and while the green card holder is waiting for a merits hearing in Immigration Court.
Cancellation of Removal – Discretionary Factors
To win a case for cancellation of removal, you must persuade an Immigration Judge that there are more positive “equities” (factors in your favor) than negative factors. According to the Board of Immigration Appeals, common positive and negative equities include:
Positive Equities (Positive Factors) for Cancellation of Removal
- Family ties in the United States
- Residence of long duration in the United States, especially when begun at an early age
- Evidence of hardship to the applicant and family if deportation occurs
- Proof of rehabilitation if a criminal record exists
- Evidence of good moral character
- Service in the U.S. military
- Employment history
- Business ties or property
- Community service
Negative Equities (Negative Factors) for Cancellation of Removal Cases
- Nature of the grounds of removal
- Presence of additional significant violations of immigration laws
- Existence of a criminal record and, if so, its nature, seriousness, and recency
- Evidence of bad character
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