Receiving your green card is a milestone to celebrate. However, your celebration stops when you receive a Notice to Appear (NTA) about your removal proceedings.
If you are in this situation, you may apply for Cancellation of Removal. Understanding its process can offer insights into how you can move forward.
Defining the common reasons for removal
While your green card authorizes you to live and work permanently in the U.S., you can still face removal proceedings under these circumstances:
- You entered a sham marriage.
- You received a conviction for an aggravated felony.
- You committed immigration fraud.
- You left the U.S. for extended periods without a permit.
Your NTA will outline the specific violations triggered by the government. Once you receive this document, you must act quickly to determine if you qualify for relief.
Qualifying for Cancellation of Removal
The Cancellation of Removal is a discretionary grant of relief for green card holders facing deportation. This involves an immigration judge reviewing your application before deciding to cancel your removal and allow you to keep your permanent resident status. But before that happens, you need to meet these requirements:
- You must be an LPR for at least five years.
- You must have resided in the U.S. for at least seven years.
- You do not have a conviction of an aggravated felony.
Meeting these conditions can be complex because of the stop-time rule, which only affects the residency requirement. The seven-year residency stops running if you receive an NTA or commit a crime.
For example, if you moved to the U.S. in 2018 and committed a crime in 2022, you have only 4 years of continuous residence. As a result, you become ineligible for cancellation.
Seeking legal assistance
Although the Cancellation of Removal is a way to move forward, you should not walk into court alone. A mistake in how you present your record in Colorado could be final. With your permanent resident status at stake, consider speaking with an immigration attorney for guidance.