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: