Magdalena Cuprys releases next article in the Cuprys Law Instruction Series on Cancellation of Removal for LPR's
Cancellation of Removal for an
LPR (Lawful Permanent Resident) is a Discretionary Immigration Defense or form
of Relief from Removal – thereby sparing the Respondent the consequences of forced
Removal/Deportation from the United States, says Magdalena Cuprys.
This form of relief is only available before a US Immigration Court
after an Individual has been placed into Removal Proceedings after the Issuance
of an NTA (Notice to Appear).
This form of relief not only
protects the LPR (Green Card Holder) from forced Deportation/Removal, yet it
also provides for eligibility to retain his/her underlying Lawful Permanent
Residence status through this Application process; if found eligible by the Immigration
Court.
Ms. Cuprys explains that in order to qualify for Cancellation
of Removal and retain Lawful Permanent Residence status before a US Immigration
Court, one must demonstrate that the individual as well as his US Citizen and
LPR family members would endure extreme hardships as a result of the impending
forced separation. Further, the
Applicant/Foreign National must also prove the following as well as demonstrate
numerous positive equities (examples listed below) which when taken in the
aggregate warrant a favorable exercise of discretion by the Court:
You have been living continuously in the United States for at least 7 years after having been admitted in any status;
Please note that the date of Issuance of the NTA must
be carefully examined, as such date officially ends one’s continuous physical
presence date for Cancellation of Removal calculation purposes. Further, one must have qualified Immigration
Counsel review the particular Criminal Offenses, as well as the exact dates of
the offenses, which can also stop or terminate continuous presence in terms of
Cancellation eligibility requirements.
This is commonly known as the “Stop-Time” Rule.
You have been a Lawful Permanent Resident (Green Card Holder) for a minimum of 5 years prior to Application. The Stop-Time Rule is in most cases inapplicable to the Green Card status requirement, as the applicant may count time spent after issuance of the NTA or initiation of proceedings, etc. in order to calculate the 5 year LPR status requirement.
3. Extreme Hardships:
Removal from the USA would cause extreme hardship to the Applicant as well as to the US Citizen or LPR Qualifying Relatives of the Applicant. For example, evidence of a minor child’s medical condition, severity of illness, lack of available and suitable medical care in Applicant’s home country, etc. are strong examples of extreme hardships.
Length of Residence in the USA – which includes age of Applicant at entry to USA and documentation as to level of assimilation into American culture and society;
You must demonstrate that you are a good person and possess good moral fiber. Gathering evidence to prove this is critical, and should not be undertaken nor submitted without assistance of Counsel.
Criminal violations in many cases can automatically disqualify the Applicant from eligibility to apply for Cancellation of Removal (i.e. Felony violations which in many cases are deemed Aggravated Felonies under US Immigration Law). Any Violations whatsoever, including all arrests, etc. must be carefully reviewed by Counsel.
This form of relief is Discretionary, which means it is NOT a right; it is a privilege. The Immigration Judge shall make an individual case determination (on a case by case basis) of whether or not to grant or approve you any such relief from Removal. You must be able to prove to the Court that you deserve this discretionary form of relief.
There also exists another defensive remedy before the US Immigration Court – known as Cancellation of Removal for a Non-LPR (for those who do not possess Green Card status). This should NOT be confused with the Cancellation of Removal standard discussed above which is exclusive to Lawful Permanent Residents. This form of relief from removal was previously discussed in depth in a prior issue of the Cuprys Law Instruction series which is available on-line.
About
Magdalena Ewa Cuprys
Magdalena Cuprys is the
principal attorney of Serving Immigrants, a full-service immigration law firm
offering a complete range of immigration services to both businesses and
individuals. Located in Miami and Clewiston, the firm’s offices provide
corporate and individual clients of foreign nationality with temporary work
permits for the U.S., green card petitions, criminal waivers and representation
in removal proceedings cases.
Website: https://magdalenacupryslaw.com/
Website: http://www.servingimmigrants.com
Website: http://tuabogadadice.com/
Attorney
Profile: https://solomonlawguild.com/magdalena-e-cuprys%2C-esq
Magdalena Cuprys is the principal of Serving Immigrants, a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals. Contact: Miami/Coral Gables Office: 4011 W Flagler Street, Suite 406, Coral Gables, FL 33134. - Clewiston Office: 518 E Sugarland Hwy, Clewiston, FL 33440. - Phone 305-924-1133 Website: https://magdalenacupryslaw.com/ Website: http://www.servingimmigrants.com Website: http://tuabogadadice.com/ Facebook: https://p.facebook.com/servingimmigrants/ Blog: https://magdalenacuprysblog.blogspot.com/ Attorney Profile: https://solomonlawguild.com/magdalena-e-cuprys%2C-esq
