Many immigrants come to America for a better life. Once you obtain a green card you feel that you are secure and you’ve finally made it. You’re allowed to stay in the United States. However, it may not always be perfect. You may still be removed from the United States. This typically happens with crime convictions. You may be eligible for cancellation of that removal. You never know until you fight for it. It’s important to know the requirements you must meet in order to fight for the cancellation of your removal. It’s also important to know the details of the 7 year residency requirement.
There are several requirements you must meet in order to appeal for the cancellation of your removal. The first is that you must be a lawful permanent resident in the United States for at least 5 years. You must also not be convicted of an aggravated felony. An aggravated felony is determined by how a crime relates to federal immigration law and court decisions. Some examples of aggravated felonies are violent crimes, money laundering, theft, and rape, sexual abuse, or the murder of a minor. You must not have received cancellation of removal in the past. You also must reside and have continuously have resided in the United States for at least 7 years after being admitted in any status and before the “stop-time rule”. There is more information about the 7 year residency requirement below.
7 Year Residency Requirement
In order to meet the requirements to apply for the cancellation of your removal from the United States, you’ll need to have resided in the U.S. for at least 7 years continuously after being admitted in any status and before the “stop-time rule”. “Admitted in a status” means having a lawful status entering the United States. This typically means having a green card. Previously, decisions were made in regards to “in any status” meant a “wave-through” would suffice.
This means a person who was “waved through” the U.S. border by an immigration officer would constitute as “admission in any status”. The “stop-time rule” defines where continuous residence ends. There are several things that trigger the “stop-time” rule. They include committing a security or related offense as described by the Immigration and Nationality Act (I.N.A.). It includes committing a crime that is detailed in the (I.N.A.). Or, it may also include being issued a Notice to Appear. This is the document that places you in Immigrant Court proceedings.
Immigration is a complex issue. It’s important to know that there are still laws in place to protect you. Once you get your green card you think you’re all set and ready to go. However, that is not always the case. When the U.S. tries to remove you, you can try to get a cancellation of that removal. The whole process is tough. You don’t have to go through this whole thing alone. You need someone with experience. Deportation Defense Attorney Salt Lake City from Familia America has been dealing with cases like yours for over 40 years with the combined experience of immigration cases Gloria Cardenas and senior paralegal Abby L. Van Sice. Contact them today at 801-656-9605 or simply fill out this contact form.