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If a lawful permanent resident commits a crime and is placed in Removal Proceedings, they may qualify for a form of relief called Cancellation of Removal. To qualify for this relief, it must be proven that the following conditions apply: the person has been a lawful permanent resident for at least 5 years, they have continuously resided in the U.S. for at least 7 years after being admitted in any status and until the stop-time rule is triggered, and they have not been convicted of an aggravated felony. They must also prove to the immigration judge that they deserve discretion.

To prove continuous residence, there are a variety of documents such as tax transcripts, employment records, birth certificates of children born in the U.S., and more. Admitted in any status means different things according to the Federal Circuit. In most Circuits, it refers to when they were admitted with lawful immigration status (i.e. entered with a tourist visa). However, the Fifth and Ninth Circuits more broadly interpret it to mean “any status,” such as even just a waive through. The stop-time rule is triggered primarily when a “Notice to Appear” (NTA) which is the document placing them in Immigration Court is issued. But sometimes the rule is triggered when the deportable crime is committed.

Once they demonstrate that they meet the basic eligibility requirements for Cancellation of Removal, it must be demonstrated to the immigration judge in the hearing that the individual deserves to keep their Green Card. This may be demonstrated through showing proof of their duration in the United States (the longer, the better), family ties, ties to the community, history of employment, hardship to family if they were to be deported, and anything else that might paint the individual in a positive light and deserving of Cancellation of Removal.

If you are a Lawful Permanent Resident in Removal Proceedings, contact the Shulman Law Group to see whether you may qualify for Cancellation of Removal. We will help you understand your case and your options so that you can feel comfortable about your immigration status.