If placed in removal proceedings, a lawful permanent resident may be eligible for cancellation of removal for permanent residents if he or she has been admitted to the U.S. as a permanent resident for at least five (5) years, has continuously resided in the U.S. for at least seven (7) years since having been admitted to the U.S. in any status, and has not been convicted of a classification of crime called an aggravated felony.
In addition to these requirements, the Immigration Judge exercises his or her discretion when determining an individual’s eligibility. Such discretion is based on both positive and negative factors. Positive factors include family ties to the U.S., extended residency in the U.S., hardship to the individual’s family if he or she is removed from the U.S., employment history, business or property ties to the U.S., service to the community, proof of rehabilitation (if a criminal record exists), and any other relevant evidence that demonstrates the individual’s good moral character. Negative factors include consideration of the reason why the individual was placed in removal proceedings, significant immigration law violations, criminal records, or other evidence of bad character.
It is the individual’s responsibility to show that he or she deserves a favorable evaluation by the Immigration Judge. Therefore, it is very important that the individual gather as much evidence as possible to show that he or she meets the positive factors outlined above, and that those positive factors outweigh any underlying negative factors in his or her case. The Immigration Judge will review the Cancellation of Removal for Permanent Residents case as a whole, so it is important to prove as many reasons as possible demonstrating why the individual is justified in seeking permission to remain in the U.S.
If you have questions about Cancellation of Removal for Permanent Residents and would like more information from one of our experienced immigration attorneys, contact us today.