Being placed in removal proceedings can feel overwhelming and terrifying. The fear of losing everything you’ve built in the United States—your home, career, and family connections—creates an anxiety that keeps you awake at night. If you’re a green card holder facing deportation, you may feel like your dream is slipping away. While the immigration system can seem unforgiving, certain protections exist for long-term residents who find themselves in removal proceedings. Our attorneys at Kriezelman Burton & Associates, LLC, help green card holders understand how cancellation of removal offers a path forward.
Cancellation of removal is a form of legal relief available to individuals already in Immigration Court proceedings. This remedy allows eligible green card holders to retain their lawful permanent resident status despite being placed in removal proceedings. Essentially, it provides a legal pathway to remain in the United States when you might otherwise face deportation.
This relief is only available through Immigration Court: you cannot apply for it proactively. You must be in active removal proceedings before an Immigration Judge to seek this protection. The process requires proving that you meet specific statutory requirements and deserve favorable discretionary consideration.
To qualify for cancellation of removal as a lawful permanent resident, you must satisfy five distinct requirements under current immigration law:
You must have held your green card for at least five years at the time you file your application. This requirement focuses on lawful status—if you obtained your green card through fraud or were otherwise ineligible when it was granted, you may not qualify. The Immigration Judge will examine whether you were truly entitled to permanent resident status when it was initially granted.
Perhaps the most complex requirement involves proving seven years of continuous residence in the United States after being admitted in any status. This timeline must occur before the “stop-time rule” is triggered.
The stop-time rule halts your accrual of residence time when any of these events occur:
Once the clock stops, no additional time counts toward the seven-year requirement. If you haven’t reached seven years before the stop-time event, you cannot qualify for this relief.
Any conviction classified as an aggravated felony under immigration law permanently bars you from cancellation of removal. These include serious offenses such as murder or drug trafficking offenses. Immigration law’s definition of “aggravated felony” often differs from state criminal law, so crimes charged as misdemeanors might still qualify as aggravated felonies for immigration purposes.
Meeting the statutory requirements alone doesn’t guarantee success. The Immigration Judge must also determine that you deserve relief as a matter of discretion.
The discretionary analysis requires the Immigration Judge to weigh positive factors against negative factors in your case. This subjective evaluation considers your entire life story, not just whether you meet technical requirements.
Positive factors typically include family ties to U.S. citizens or residents, community involvement, employment history, rehabilitation efforts and hardship that deportation would cause to you or your family. Negative factors might include criminal history, immigration violations or lack of rehabilitation.
The judge has significant flexibility in this analysis, making strong legal representation essential to present your case effectively.
If you’re facing removal proceedings as a green card holder, time is critical. The complex eligibility requirements and discretionary nature of cancellation of removal make professional legal guidance essential. An experienced immigration attorney can evaluate whether you meet the statutory requirements, help gather supporting documentation, and present the strongest possible case for discretionary relief.
Don’t face this challenging time alone. The stakes are too high, and the legal complexities too significant to navigate without proper representation. Contact Kriezelman Burton & Associates, LLC to discuss your specific circumstances. Our qualified immigration attorneys can help you explore all available options for protecting your right to remain in the United States with your family.
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Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
I’m deeply grateful to God for leading us to this law firm; it is a true blessing to work with such professional and passionate individuals. Their dedication and commitment help make a difficult situation far less traumatic. In our case, we received 100% support from Attorney Andrea Ochoa and paralegal Rafael. May God bless them and allow them to continue this wonderful work. Thank you—a thousand thanks.
I give my total recommendation and trust in this great organization that has supported me and my family in very difficult times, especially the lawyer Andrea Ochoa and her paralegal Rafael who were little angels that God has sent us to be able to face all the obstacles that we have had along the way. Thank you very much with all my heart. ❤️
I have heard from several people that Brittni is a great attorney. When my friend was detained, I recommended Brittni to take his case. She did an amazing job putting together all the necessary information, especially given that we had only a couple of days to submit the habeas corpus application. She and her team worked very professionally and provided clear guidance throughout. She stayed in touch consistently and was…
I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…
Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
I cannot find the words to express my gratitude to Brittni Rivera! She literally saved my family. We had been waiting seven years for what she accomplished in just three weeks. I was impressed by how accessible the office is—they always answer calls very quickly. A special thank you to paralegal Nataliia Melnyk. You are my heroes. Thank you.
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