1. What is cancellation of removal for permanent residents?

Cancellation of removal for permanent residents is a form of relief from deportation that can be granted to certain permanent residents who have been placed in removal proceedings. This form of relief allows a green card holder to remain in the United States and avoid deportation if they can meet certain criteria, including having been a permanent resident for at least five years, having resided in the country continuously for at least seven years, and not having been convicted of an aggravated felony.

2. Can I apply for cancellation of removal if I am a permanent resident?

No, cancellation of removal is only for non-permanent residents. If you are a permanent resident and are facing removal, you may be able to apply for other forms of relief from deportation, such as a waiver or voluntary departure.

3. What are the eligibility requirements for cancellation of removal for permanent residents?

The eligibility requirements for cancellation of removal for permanent residents are as follows:

1. The applicant must have been a permanent resident for at least 5 years;

2. The applicant must have resided in the U.S. continuously for 7 years after being admitted in any status;

3. The applicant must not be convicted of an aggravated felony;

4. The applicant must not engage in certain criminal activities; and

5. The applicant must not present a threat to the security or welfare of the U.S.

4. How many years do I need to be a permanent resident to be eligible for cancellation of removal?

Generally, you must have been a permanent resident for five years and have lived in the United States for at least seven years to be eligible for cancellation of removal.

5. Are there any exceptions to the eligibility requirements for cancellation of removal for permanent residents?

Yes. There are a few exceptions to the eligibility requirements for cancellation of removal for permanent residents. For example, if the permanent resident has been convicted of an aggravated felony, they will not be eligible for cancellation. Additionally, if the permanent resident has not been in the U.S. for at least seven years prior to filing the application, they will not be eligible. Lastly, if the permanent resident has been found to be inadmissible due to certain criminal or security-related grounds, they will also not be eligible for cancellation of removal.

6. What criteria must I meet in order to be granted cancellation of removal as a permanent resident?

In order to be granted cancellation of removal as a permanent resident, you must meet the following criteria: be a permanent resident for at least five years; have lived in the U.S. continuously for at least seven years after being admitted in any status; have not been convicted of certain criminal offenses that make you ineligible; and demonstrate that removal would result in exceptional and extremely unusual hardship to your U.S. citizen or lawful permanent resident spouse, parent, or child.

7. How do I apply for cancellation of removal as a permanent resident?

To apply for cancellation of removal as a permanent resident, you must file Form I-485, Application to Register Permanent Residence or Adjust Status. You will need to provide evidence that you meet the eligibility requirements, such as documentation of your continuous residence in the United States for at least five years, as well as evidence of any circumstances that may make you eligible for a waiver of certain grounds of inadmissibility.

8. What evidence do I need to provide to support my application for cancellation of removal as a permanent resident?

You will need to provide evidence of your continuous residence in the United States for at least five years, of good moral character for the same period, and of a qualifying hardship to yourself or family members if you were to be removed from the United States. You will also need to provide evidence to show that you have not been convicted of certain criminal offenses, and that you have not failed to comply with any provision of the immigration laws.

9. If my application is approved, what are the benefits of cancelling my removal as a permanent resident?

If your application is approved, cancelling your removal as a permanent resident will result in several benefits. You will be able to stay in the United States as a lawful permanent resident and resume your life in the United States without fear of removal. You will be able to apply for U.S. citizenship after five years, if you meet all the requirements. You will be eligible for employment authorization and other benefits provided to lawful permanent residents such as Social Security, Medicare, and the right to sponsor family members for immigration.

10. Does the decision to grant cancellation of removal as a permanent resident depend on the discretion of the court or immigration judge?

Yes, the decision to grant cancellation of removal as a permanent resident is at the discretion of the court or immigration judge.

11. Does my criminal record impact my eligibility for cancellation of removal for permanent residents?

Yes, a criminal record may have an impact on your eligibility for cancellation of removal for permanent residents. The Immigration and Nationality Act (INA) section 237(a)(2)(A)(ii) states that an alien may be eligi ble for cancellation of removal if they have not been convicted of any aggravated felony. Depending on the nature and severity of your criminal record, it may disqualify you from being eligible for cancellation of removal. Additionally, certain criminal convictions may be grounds for inadmissibility or deportability and could also disqualify you from cancellation of removal.

12. How long does the process take for obtaining relief under cancellation of removal for permanent residents?

The process for obtaining relief under cancellation of removal for permanent residents generally takes 3-6 months. If the individual is eligible for the relief, he/she may be able to receive a decision within a matter of weeks. After the decision is issued, the individual may begin their application for permanent residency if they meet the other requirements.

13. What are the fees associated with applying for cancellation of removal as a permanent resident?

The filing fee for an application for Cancellation of Removal and Adjustment of Status for Permanent Residents is $930. If you are applying for a fee waiver, you will not pay the filing fee.

14. Can I appeal a denial of my application for cancellation of removal as a permanent resident?

Yes, you can appeal a denial of your application for cancellation of removal as a permanent resident. The appeal must be filed with the Board of Immigration Appeals (BIA). If the BIA denies the appeal, you may have the option to file an appeal with the federal court of appeals.

15. If approved, will my record show that I was granted cancellation of removal as a permanent resident?

Yes. If you are approved for cancellation of removal as a permanent resident, your record will show that you were granted this relief.

16. Are there any restrictions on traveling outside the United States after being granted cancellation of removal as a permanent resident?

Yes. Those granted cancellation of removal as a permanent resident must remain in the United States for at least five years after being granted such status before they may be eligible to apply for a re-entry permit or for naturalization. Additionally, if the individual leaves the United States before completing five years, they may be subject to removal proceedings.

17. Are there any risks associated with applying for cancellation of removal as a permanent resident?

Yes, there are several risks associated with applying for cancellation of removal as a permanent resident. The most significant risk is that the application may be denied and the individual may be removed from the United States. In addition, if the application is denied, the individual may be barred from reapplying for a cancellation of removal in the future. There is also a risk that the individual’s permanent resident status could be revoked or placed in jeopardy if they fail to meet the required standards for cancellation of removal. Finally, there is a risk that the individual could face criminal or civil penalties if they provided false information or documents in their application for cancellation of removal.

18. May I apply for U.S citizenship after being granted cancellation of removal as a permanent resident?

Yes, you may apply for U.S. citizenship after being granted cancellation of removal as a permanent resident.

19. Are there any other forms of relief available to me if I am not eligible for cancellation of removal as a permanent resident?

Yes, there are other forms of relief available to individuals who are not eligible for cancellation of removal as a permanent resident. These forms of relief can include asylum, withholding of removal, and protection under the Convention Against Torture. Additionally, a noncitizen may be eligible for voluntary departure, or a U-Visa if they are the victim of certain qualifying crimes. It is important that individuals consult with an experienced immigration attorney to determine what relief may be available to them.

20. Can my family members also be granted relief under cancellation of removal as a permanent resident if I am approved?

No, cancellation of removal as a permanent resident is only available to the applicant. Family members of the applicant must apply separately for relief.