Cancellation of Removal for LPRs

Lawful permanent residents (LPRs / Also known as Green Card holders), particularly long-time LPRs with prior convictions, have suffered some of the harshest consequences as a result of changes in the immigration laws.  Nevertheless, there are several forms of relief from removal for which LPRs with criminal antecedents may qualify.  Thus, if you are eligible for Cancellation of Removal and the court grants your application, then you will not be deported from the United States and get your green card back. 

Eligibility  

Under INA §240A(a), an LPR is eligible for cancellation relief if he or she: (1) Has been an LPR for at least five years; (2) Has resided in the United States continuously for seven years after having been admitted in any status; (3) Has not been convicted of an aggravated felony; (4) and Merits a favorable exercise of discretion 

In a Cancellation of Removal for LPR case, one does not need a showing of hardship to qualifying U.S. citizens or LPR relatives. However, those who have aggravated felony convictions and those excluded by the “stop time” rule are not eligible for this relief. 

Aggravated Felony 

The definition of aggravated felony is very broad and now encompasses more than 20 categories of offenses, including: 

• A crime of violence that has a sentence of imprisonment of one year or more, regardless of the time actually served;
• A theft offense (including shoplifting) with a sentence of imprisonment of one year or more, regardless of the time served;
• A smuggling offense (though there is an exception for a first offense for aiding one’s spouse, parent or child);
• Money laundering of more than $10,000;
• An offense involving fraud or deceit in which the loss or attempted loss to the victim or victims exceeds $10,000;
• A gambling or racketeering offense with a sentence of one year or more;
• Tax evasion where revenue lost to the government is in excess of $10,000; and
• Bribery, counterfeiting, forgery or trafficking in vehicles with a sentence of imprisonment of one year or more.  

Burden 

Even if you are eligible for this relief, you still must convince the Immigration Judge that you deserve a grant of cancellation through an exercise of the judge’s discretion.  As mentioned above, hardship is not a requirement for this relief; nonetheless, it is still a good factor to delve into in seeking favorable discretion from the judge. 

Matter of C-V-T, 22 I&N Dec. 7 (BIA 1998), is a seminal BIA decision that deals with the on Cancellation of Removal for LPRs.  In C-V-T, the BIA held that the Immigration Judge must balance the positive factors and negative factors in a Cancellation of Removal case.  If the numerous favorable factors in the LPR’s case outweigh the negative factors, the Immigration Judge should grant the relief. According to the BIA, the factors to consider were the following: 

Positive Factors to Consider 

• Family ties in the United States;
• Duration of LPR admission (If the LPR was admitted in the U.S. at the early age, it is better);
• Employment history;
• Service in the U.S. armed forces;
• Hardship to family in the United States and to the LPR if deported;
• Value and service to the community;
• Rehabilitation; and
• Other evidence of good moral character. 

Adverse Factors to Consider 

• Nature and circumstances of the ground of removal;
• Additional violations of the immigration laws;
• Nature, recency and seriousness of the criminal record; and
• Other evidence of bad moral character. 

Documentation 

The following documents are examples of what an immigration attorney needs in representing clients for Cancellation of Removal case.   

• Proof of Your LPR (Lawful Permanent Resident) Status for at least the last 5 Years: copy of I-94 (white paper slip that may be attached to your passport) or of entry stamped into your passport; copy of your Permanent Resident Card (“Green Card”). Please copy the front and back of the card
• Proof of Continuous Presence in the U.S.  for last 7 years: rent receipts, school records, certificates of achievement, or utility bills that can demonstrate your continuous presence in the U.S. for last 7 years; medical or dental records, social security records, bank statements, Identifications issued during that time, children’s school records, income tax records, or payroll records; any other proof such as a notarized statement from family, friend or co-worker that shows your continuous presence for last 7 years.
• Proof of Your Work and Education History in the U.S.: your income tax records; pay stubs; social security record; letter showing that you have a job when you get out of detention (if applicable); proof of your English language training, GED, college transcript, etc.; proof of vocational training (i.e., certificates of achievement, commercial driver’s license, machine operator, etc.)
• Documents to Prove Your Ties to the U.S.: copies of your children’s school records, including letters from teachers about your children’s classroom performance; copies of medical records if any (it is very important to document any medical condition that you or your family members may have), copies of your children’s birth certificates; copies of your marriage certificate; proof of any debt that you have in the U.S. (mortgage, car loans, etc.); proof of insurance (car, medical, etc.); proof of Property that you own in the U.S. (deed, certificate of title, etc.)
• Letters for the Judge Showing Hardship to Yourself and Others If You are Deported: letters of support from as many family members as possible; letters of support from your friends; letters from people who know you well (neighbors, co-workers, landlord); letters showing your participation in your community. For example, it could be a letter from your neighbor that describes your help that you have given to neighbors, such as yard works, rides, etc.; letters or documents showing financial contributions to your family. For example: Proof of paying rent, child support, etc.; letters from your current and former employers; letters from religious organizations you belong to; photos of your family (birthday parties, holidays, pets, babies, etc.)
• Proof of Rehabilitation Efforts (if applicable): certificates from rehabilitation programs (AA, NA, Life Skills, etc.); letter to my probation / parole officer explaining that you are in BICE custody