How can I fight my deportation if I'm an LPR with a non-aggravated felony criminal record?
If you are an LPR with a criminal conviction that is not an aggravated felony, submit Form EOIR42A to the immigration judge. You will have to provide evidence to support your application. The judge will consider several things when deciding if you should be granted cancellation of removal, including:
- How long you have been an LPR
- Your employment history
- Your history of paying taxes
- Your family ties
- Your health
As with 212(c) applications, the judge has lots of flexibility when deciding if you should be granted this benefit. You might meet all the requirements, but that does not mean that you will get the benefit. You must show that you deserve to keep your LPR status.
When determining whether you deserve to keep your LPR status, the judge will consider how remorseful you are; how many criminal convictions you have; and how recent your criminal convictions are, plus the factors mentioned above.