Cancellation of Removal for LPRs

Cancellation of removal is a form of relief from deportation that is available to certain lawful permanent residents (LPRs) who have been placed in removal proceedings. It allows LPRs to seek to have their removal cancelled, or stopped, and to be allowed to remain in the United States. In order to be eligible for cancellation of removal, LPRs must meet certain requirements, including having been an LPR for at least five years, having lived in the United States continuously for at least seven years after being admitted in any status, and not being subject to certain criminal or security-related grounds of inadmissibility.

To apply for cancellation of removal, LPRs must file a Form EOIR-42A, Application for Cancellation of Removal for Certain Lawful Permanent Residents, with the Immigration Court. They must also provide evidence to support their application, such as proof of their LPR status and length of residence in the United States, as well as any documentation demonstrating any hardship they would face if they were to be removed from the United States.

The Immigration Judge will consider the LPR's application and any evidence provided in deciding whether to grant cancellation of removal. If the Judge grants the application, the LPR will be allowed to remain in the United States as a lawful permanent resident. If the application is denied, the LPR may appeal the decision to the Board of Immigration Appeals (BIA). If the BIA denies the appeal, the LPR may have the option to seek further review by a federal court.

It is important for LPRs who are facing removal proceedings to consult with an experienced immigration attorney to determine if they are eligible for cancellation of removal and to assist them in preparing and presenting their application. Failing to properly prepare and present a cancellation of removal application can result in a denial of relief, potentially leading to removal from the United States.