1. What is the process for filing for Cancellation of Removal for an LPR?

The process for filing for Cancellation of Removal for an LPR is to file Form I-884, Application for Cancellation of Removal and Related Relief. The form must be accompanied by supporting documentation such as proof of lawful residence in the U.S. and evidence that the applicant has been living in the U.S. continuously for the past seven years. The applicant must also demonstrate that they have not been convicted of any aggravated felony and that removal from the U.S. would cause extreme hardship to the applicant or their spouse, parent, or child who is a citizen or LPR.

2. What documentation is required to file for Cancellation of Removal for an LPR?

In order to file for Cancellation of Removal for an LPR, applicants must submit Form EOIR-42A, “Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents”, to the Executive Office for Immigration Review (EOIR). This form must be accompanied by supporting documentation such as evidence of lawful admission to the United States as an LPR; evidence of continuous physical presence in the United States for at least five years; evidence of good moral character; and evidence of the hardship that would be caused to the applicant or their family if the removal were to take place.

3. How long does an LPR have to wait for a decision on their Cancellation of Removal request?

The wait time for a decision on a Cancellation of Removal request for an LPR can vary depending on the case and the backlog of the Immigration Court. Generally, it can take several months to a year or more.

4. Is there a deadline to file for Cancellation of Removal for an LPR?

Yes, Cancellation of removal for an LPR is subject to a five-year filing deadline. The application must be submitted within five years of the date on which the noncitizen became an LPR, or if later, five years from the date of the most recent entry into the United States. If the deadline has been missed, the application will be denied.

5. What happens if an LPR is denied Cancellation of Removal by the USCIS?

If an LPR is denied Cancellation of Removal by the USCIS, that individual may be subject to deportation or removal from the United States. Depending on the individual’s circumstances, they may be able to apply for another form of relief from removal or deportation.

6. Are there any options available if an LPR is denied Cancellation of Removal?

If an LPR is denied Cancellation of Removal, they may still have other options available to them. Depending on their circumstances, they may be eligible for other forms of relief such as asylum, withholding of removal, U Visa, and VAWA Cancellation of Removal. They may also be able to pursue other forms of relief that are available based on their individual situation. Additionally, they may be able to appeal the denial of Cancellation of Removal. It is important for an LPR to seek the advice of an experienced immigration attorney to explore all possible options.

7. What factors are taken into consideration when determining an applicant’s eligibility for Cancellation of Removal?

When determining an applicant’s eligibility for Cancellation of Removal, the following factors are taken into consideration: length of continuous physical presence in the U.S., good moral character, family ties to U.S. citizens or lawful permanent residents, hardship to the applicant or his or her family if he or she is removed from the U.S., and the applicant’s criminal history.

8. What evidence must be presented by an applicant to prove eligibility for Cancellation of Removal?

An applicant for Cancellation of Removal must present evidence that they:
1. Have been continuously present in the United States for at least 10 years prior to being placed in removal proceedings;
2. Have been a person of good moral character during the ten years;
3. Have not been convicted of certain types of criminal activity; and
4. Demonstrate that removal would result in extreme hardship to the applicant or their spouse, parent, or child, who is a citizen of the United States.

9. How does the Immigration Judge decide whether or not to grant Cancellation of Removal in the case of an LPR?

When considering whether or not to grant Cancellation of Removal, the Immigration Judge will consider the individual’s length of residence in the United States, their moral character, and evidence of any hardship they may experience if removed from the United States. The Immigration Judge will also examine any criminal history, as well as evidence that the individual is not likely to become a public charge. In some cases, the Immigration Judge may consider any favorable factors in the individual’s record, such as family ties to U.S. citizens or lawful permanent residents, service in the U.S. military, and/or contributions to the local community.

10. Can an LPR who has already been ordered removed reapply for Cancellation of Removal?

Yes, an LPR who has already been ordered removed may reapply for Cancellation of Removal. However, they must demonstrate that they meet all of the requirements and that their situation has changed since the removal order was issued.

11. Does an applicant need to appear in court in order to apply for Cancellation of Removal as an LPR?

No, an applicant does not need to appear in court in order to apply for Cancellation of Removal as an LPR. The application may be submitted by mail or in person. However, if the application is approved, the applicant may need to appear at a hearing before an Immigration Judge in order to finalize the Cancellation of Removal.

12. Is there a fee associated with filing for Cancellation of Removal as an LPR?

Yes, there is a filing fee associated with filing for Cancellation of Removal as an LPR. The fee is currently $930.

13. Is there a maximum amount of time that an LPR can stay in the United States if their application for Cancellation of Removal is approved?

No, there is no maximum amount of time that an LPR can stay in the United States if their application for Cancellation of Removal is approved. The individual will be able to remain in the United States indefinitely as a lawful permanent resident.

14. What types of offenses can disqualify an applicant from eligibility for Cancellation of Removal as an LPR?

Offenses that can disqualify an applicant from eligibility for Cancellation of Removal as an LPR include certain aggravated felonies, offenses involving moral turpitude, firearms offenses, domestic violence offenses, controlled substance offenses, and other criminal offenses.

15. Do applicants who receive benefits from the government qualify for Cancellation of Removal as an LPR?

Yes, applicants who receive certain benefits from the government may qualify for Cancellation of Removal as an LPR. However, the exact eligibility requirements vary depending on the specifics of the case.

16. Is there any type of relief available to family members or dependents if the primary applicant receives approval for Cancellation of Removal as an LPR?

Yes. The primary applicant’s immediate family members and dependents may be eligible for derivative relief if the primary applicant is granted Cancellation of Removal as an LPR. As such, the primary applicant’s spouse and children, if they meet certain eligibility criteria, may be eligible for lawful permanent residence.

17. Are applicants required to attend legal hearings in order to apply for Cancellation of Removal as an LPR?

No, applicants are not required to attend legal hearings in order to apply for Cancellation of Removal as an LPR. However, if the applicant is granted Cancellation of Removal as an LPR, they may be required to attend a legal hearing in order to finalize the process.

18. What happens after the Immigration Judge grants or denies the request for Cancellation of Removal as an LPR?

If the Immigration Judge grants Cancellation of Removal as an LPR, the applicant will be granted lawful permanent resident status. If the Immigration Judge denies the request, the applicant will likely be removed from the United States.

19. If approved, is the status granted by Cancellation of Removal permanent or temporary?

Cancellation of Removal is a form of relief from removal from the United States that, if approved, grants permanent resident status.

20. Are there any special requirements that must be met before filing a request for Cancellation of Removal as an LPR?

Yes, there are several requirements that must be met before filing a request for Cancellation of Removal as an LPR. These include: (1) continuous residence in the United States as a lawful permanent resident for at least five years; (2) good moral character during the five-year period; (3) not having been convicted of certain offenses; (4) being removable due to certain criminal or immigration violations; and (5) having a qualifying relative who would suffer extreme hardship if the applicant were removed from the United States.