| Permanent residents are foreign nationals who have | | | | So, if a person is a resident for 6.5 years and is |
| been granted permission to stay in the U.S. by the U.S. | | | | arrested for possession of a controlled substance |
| government for the rest of their lives. However, since | | | | they are not eligible for cancellation of removal even if |
| they are not citizens and since the U.S. constitution | | | | the U.S. government does not try to remove them until |
| gives Congress the power over immigration there are | | | | after the 7 years of presence has accrued. Also, the |
| many ways for a permanent resident to lose their | | | | resident cannot have been convicted of an |
| status. | | | | aggravated felony. |
| One of the most common ways is to commit or be | | | | The judge will balance hardships against the offense |
| convicted of some sort of criminal offense. After the | | | | or offenses and past history of the resident and |
| permanent resident serves his or her time the U.S. | | | | determine if cancellation is warranted as a matter of |
| government may seek to deport or, as it’s called | | | | discretion. |
| now, remove that individual. In the past there were a | | | | Some factors in favor of cancellation are: |
| variety of ways to overcome deportation proceedings. | | | | 1. Strong family ties in U.S. |
| However, absent a claim at asylum or something | | | | 2. A long residency in the U.S. |
| similar most permanent residents are only left with | | | | 3. Evidence of hardship to family and self if deported |
| seeking “Cancellation of Removal”. | | | | 4. Served in Armed Forces |
| At its most basic a request for Cancellation of | | | | 5. Solid history of employment |
| Removal is simply a plea not to be deported. However, | | | | 6. Property owner or individual with ties to business |
| as is always the case, Congress created a few | | | | 7. Evidence of service to the community |
| hoops that have to be jumped through before the | | | | 8. Proof of rehabilitation |
| permanent resident is eligible. | | | | 9. Evidence of good character |
| First, the individual must have been a permanent | | | | The request is filed using an EOIR-42A form with a |
| resident for 5 years before apply for Cancellation. | | | | fee before the individual hearing on the case. Should |
| Next, the individual must be able to show continuous | | | | the request be granted the case against the resident |
| residency in the U.S. for 7 years after being admitted in | | | | will be terminated and they will be able to continue living |
| any legal status. The road block Congress put up here | | | | their lives. However, if they are placed in removal again |
| is that the 7 years presence will stop accruing when | | | | it is unlikely that they will be able to seek Cancellation |
| the resident commits an act that renders him or her | | | | of Removal again. |
| removable. | | | | |