Cancellation of Removal for Lawful Permanent Residents

Cancellation of Removal for Lawful Permanent Residents (also known as LPR Cancellation) is a form of relief from removal or deportation.  It allows certain permanent residents who are deportable based on criminal convictions to waive that deportability and maintain their permanent resident status.

One can only apply for LPR Cancellation in immigration court after having been placed in removal proceedings. LPR Cancellation waives deportability charges based on many types of criminal convictions.  The only convictions LPR Cancellation cannot waive are those classified under the Immigration Act as “aggravated felonies.”

In order to be eligible for LPR Cancellation, the person must have been lawfully admitted for permanent residence for at least five years prior to being placed in removal proceedings.  Additionally, the person must have continuously resided in the United States for seven years after having been admitted in any status.  However, the seven-year residence time period is cut off upon the commission of certain crimes.

If the eligibility requirements are met, then the Immigration Judge has the discretion to waive deportability.  The Immigration Judge will balance several factors to determine whether the permanent resident has rehabilitated himself and deserves to stay in the United States despite being deportable for committing certain crimes.  Some of the factors the judge will consider include:

Positive Factors:

  • Family ties in the United States
  • Residency of long duration in the United States
  • Hardship to applicant and family if deported
  • Service in armed forces
  • History of employment
  • Property or business ties
  • Community service
  • Proof of genuine rehabilitation
  • Evidence of good character
  • Nature and underlying circumstances of crime
  • Additional significant immigration violations
  • Criminal record
  • Other evidence of bad character and undesirability

Negative Factors:

  • Criminal Record
  • Additional significant immigration violations
  • Nature and underlying circumstance of crime
  • Other evidence of bad character and undesirability

The applicant can demonstrate the positive factors in his favor through documentary evidence as well as through personal and witness testimony at a hearing in Immigration Court.  If the judge grants the application, the permanent resident will keep his or her status and not be deported from the United States.  If all other requirements are met, the person should be able to naturalize as well.  Cancellation of removal can only be granted once, so if the person later on commits another criminal offense that makes him deportable, he will not be able to apply for LPR Cancellation again and will most likely be deported.

If you are a Lawful Permanent Resident who is in removal proceedings, call our office today to help you fight against your deportation and allow you to stay in the United States.