Minnesota Cancellation of Removal for LPRs Attorney

Cancellation of Removal Proceedings for LPRs

Legal Permanent Residents (also known as LPRs or green card holders) that are in the process of deportation proceedings may be qualified to apply to the Immigration Judge for Cancellation of Removal for Permanent Residents using form EOIR 42B, plus provide supporting documentation.

Application for Suspension of Deportation, Form EOIR 42B Requirements (for the Immigration Judge)

  • Receipt of fee payment or written request for waiver of fee;
  • Original copy of application and supporting documentation;
  • One copy of Form G-325 (biographical information);
  • One copy of fingerprints FD-258, Fingerprint Card;
  • Copy of photograph;
  • Certificate of Service (original).

Application for Suspension of Deportation, Form EOIR 42B Requirements (for DHS District Counsel)

  • Copy of receipt of fee payment or written request for waiver of fee;
  • Copy of application and supporting documentation;
  • Original copy of form G-325 (must include ALL carbon copies);
  • Original copy of fingerprints FD-258-, Fingerprint Card;
  • Original copy of photograph;
  • Copy of certificate of Service

If it is found that an LPR has obtained their green card through fraudulent means, they are automatically deemed ineligible to apply for cancellation of removal proceedings.  In order to utilize Form EOIR-42B, LPRs must meet the following criteria:

  1. You have been a lawful permanent resident of the U.S. for at least five years;
  2. You have resided continuously in the U.S. for a minimum of seven years after being admitted to the U.S. in any status (prior to the institution of removal proceedings);
  3. You have not been convicted of an aggravated felony; and
  4. You are not inadmissible from the U.S. on security grounds.
  • In order to be granted cancellation of removal for permanent residents, you must be able to convince the Immigration Judge that the positive factors in your case outweigh the negative factors.
  • Positive factors include: (1) Family ties within the U.S.; (2) Long time residency in the U.S.; (3) Hardship to person and immediate family; (4) Service in U.S. Armed Forces; (5) Employment history; (6) Ownership of property and business ties; (7) Service to the community; (8) Rehabilitation (if criminal record exists); and (9) Good moral character.
  • Negative factors include: (1) Nature and circumstances of. exclusion grounds; (2) Other immigration law violations; (3) Criminal record, especially the seriousness and recency of any convictions; and (4) Other evidence of bad character.
  1. The following classes of persons are ineligible for cancellation of removal for permanent residents:
  2. Persons who have been convicted of aggravated felonies;
  3. Certain crewmen;
  4. Exchange visitors (in “J” status) who received medical training in the U.S.;
  5. Persons who have persecuted others;
  6. Persons who have previously been granted cancellation of removal, suspension of deportation or a waiver under section 212(c); and
  7. Persons who committed certain criminal offenses prior to the accrual of the required seven years.

 Deportation Defense

Tarshish Cody’s immigration attorneys represent clients who are facing removal and deportation proceedings.  We believe that entering the court room with an experienced deportation defense attorney is crucial to winning your case.  Your case relies on carefully assembling evidence to show that the positive factors in you case outweigh the negative factors.  If you are facing removal and deportation proceedings, we are here to help you.  Contact one of our immigration attorneys at 952-361-5556 (or fill out the free case evaluation form below) to schedule your free initial appointment today.

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