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  1. #1

    Default Cancellation of Removal

    My son has a petty larceny charge on record and that's what's causing the problem with immigration:

    He has lived here continuously for 9 years since entering legally in 2000:
    We got green cards in 2005/6 - we applied for them in 2001 but INS lost the files due to the change from INS to homeland security :

    Thing is if he gets a notice to appear then he would qualify for the cancellation of removal on only 2 counts and not three:
    He has been in USA for at least 7 years:
    The crime is not a aggravated felony:
    BUT the requirement to be a LPR green card holder for at least 5 years he has not or nor have I:
    SO what happens then?
    Can a immigration judge waive that requirement and grant cancellation or does he have to stick to the letter of the law and my son would not qualify for the cancellation?

    Can a immigration judge use discretion?
    Can a immigration judge suspend the deportation order until my son becomes eligible for the cancellation of removal in 2 years and let him stay on LPR until he can apply for cancellation of removal?

    Your thoughts are welcomed:

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Cancellation of Removal

    I can't read between that many lines; he should consult an immigration lawyer.

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