I had a green card since 1983 until March 2012. Since 2004 I have been in the U.S. 113 days. I have been residing in England and have 5 and 3 years old children and haven't had the money until now to bring them over and don't have anyone in England apart from my husband and mother-in-law to look after them.
I am requesting Cancellation of Removal on the basis that I have been: a lawful permanent resident for at least 5 years; have continuously resided in the United States for at least 7 years after having been lawfully admitted; and have not been convicted of an aggravated felony in non-immigration settings.
Do I meet the requirement that I have been a lawful permanent resident for at leat 5 years?
It first of al depends on whether yu were found inadmissible or you are being deported.
Normally, as a permanent resident, if you are living outside the USA as long as you were without making previous arrangements with the US Government prior to your departure you have abandoned your status and you are inadmissible. Cancellation of Removal does not apply to inadmissibility.
You need to consult with an immigration attorney experiened in removal proceedings to determine your specific situation and if any relief is available to you.
You can certainly file a motion to change venue, if proper. You may request any relief from deportation that you may qualify for. However, you must meet all of the requirements. I suggest you consult with an experienced immigration attorney to determine any and all of your options.
714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.
Your question is too complex and case specific for it to be answered meaningfully on Avvo.
You need to retain an experienced immigration lawyer to review all the facts and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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