Both non-permanent and lawful permanent residents may be subjected to deportation and removal proceedings in some cases. It is possible for both to apply for a cancellation of removal if certain criteria are met.
Lawful permanent residents may face immigration consequences including removal for a variety of things. Some may face a proceeding after being convicted of certain crimes. Those who may be eligible for cancellation of removal include people who have been a lawful permanent resident for at least five years and who have lived continuously in the country for at least seven years following their lawful admission into the country. Finally, they may not have been convicted of an aggravated felony.
Non-permanent residents may also be eligible for cancellation of removal. Those who are eligible include people who have continuously resided in the U.S. for more than 10 years and who have been people of good moral character while in the country. They may not have been convicted of certain crimes while living in the country and cannot have served a prison sentence of 180 days or longer. Non-permanent residents who qualify will also need to be able to demonstrate that their removal will pose an extreme hardship for family members left behind. Non-permanent residents who are victims of domestic violence may also be eligible if they have assisted the prosecutor in the case against their abuser.
People who are facing deportation and removal proceedings may want to consult with an immigration law attorney. An attorney may provide assistance to his clients with deportation defense. He or she may help by filing the appropriate motions, gathering needed evidence and documents, and litigating the matter in immigration court. In the event the motions for cancellation are denied, he or she may be able to help with filing an appeal.
