Claudia Canizares is the founding attorney of Canizares Law Group, LLC, an immigration law firm with a team of dedicated, bilingual (English & Spanish) attorneys. Having come to the United States herself as a teenager, Claudia built the firm around what clients are going through. Discuss your case with a Miami immigration attorney at our firm, or read on to learn whether you qualify.
Cancellation Of Removal For Lawful Permanent Residents in Miami
A lawful permanent resident who is placed in removal proceedings is not necessarily facing an automatic loss of status. In some circumstances, an immigration judge has the authority to cancel the removal and allow that person to remain a permanent resident. Attorney Claudia Canizares, who immigrated to the United States herself before turning 16, founded Canizares Law Group, LLC, to help clients in exactly this kind of situation identify whether they qualify for this relief and to present the strongest possible case for it. Your American dream begins here. Call 305-686-3187 or send us a message to schedule a consultation.
Cancellation of removal for a lawful permanent resident, sometimes called LPR cancellation, is a defense that can only be raised during removal proceedings themselves, and it can only be granted by an immigration judge. To be eligible, a permanent resident must have held that status for at least five years, must have resided in the United States continuously for at least seven years after having been admitted in any status, and must not have been convicted of an aggravated felony. Meeting these requirements opens the door to relief, but it does not guarantee it, since an immigration judge retains discretion to weigh the full picture of a person’s history, including family ties, length of residence, employment, community contributions, and any past conduct, before deciding whether to grant cancellation of removal.
This relief can only be requested once removal proceedings have already begun, so timing and preparation matter enormously. Our deportation defense attorneys review a client’s immigration history, criminal history if any, and family circumstances early in the process so that the strongest possible record can be built before the merits hearing. In some cases, a client who does not clearly qualify for cancellation of removal may still have other options available, such as a waiver or an application tied to a family-based green card, and our attorneys can help sort through which combination of options fits a particular case.
What Happens If Cancellation Of Removal Is Denied?
If an immigration judge denies cancellation of removal, the removal order is typically carried out and the person is returned to their country of origin, and depending on the circumstances, they may also be barred from returning to the United States for a period of time afterward. Whether an appeal to the Board of Immigration Appeals is available depends on the specific grounds for the denial, which is something your attorney can evaluate as soon as a decision is issued.
What Happens If Cancellation Of Removal Is Granted?
If cancellation of removal is granted, the person is permitted to remain in the United States and continues as a lawful permanent resident. The immigration judge’s decision serves as the basis for that continued status, though there may still be follow-up paperwork to complete to reflect the outcome in the person’s official record.
How Can An Immigration Attorney Help With My Case?
Immigration judges have significant discretion in removal proceedings, and it often takes an experienced attorney to identify the potential grounds for relief in a given case, whether that is cancellation of removal, asylum, adjustment of status, or another option. An attorney can develop a legal strategy that fits your specific circumstances and present your case in the light most favorable to you at your hearing.
How Is This Different From Non-LPR Cancellation Of Removal?
Both are called cancellation of removal, but they are separate forms of relief with different requirements. LPR cancellation, described on this page, is only available to someone who already holds a green card, and it requires five years as a permanent resident and seven years of continuous residence. Non-LPR cancellation applies to someone without permanent resident status and instead requires ten years of continuous physical presence along with a showing of exceptional and extremely unusual hardship to a qualifying relative. If you are not sure which category applies to you, our attorneys can help sort that out during a consultation.
If you or a family member is a permanent resident facing removal proceedings, do not assume that a green card cannot be affected. Call our office at 305-686-3187 or send us an email through our contact form to schedule a consultation. We offer appointments in person, over the phone, and by video, and se habla español.