OK so heres the scenario. My brother was removed from The US back in 2002, he was then a permanent resident and lost the status due to an aggravated felony. We hired an attorney who was able to reopen his immigration case here in 2017, apparently his drug conviction is no longer considered and aggravated felony. We are now waiting for a hearing on his cancellation of removal hearing.
My question is: when he lost his status back in 2002, he had already had 10 years as a LPR , my thinking is if the IJ approves the cancellation of removal he should immediately file for Naturalization. So what im asking is will the cancellation of removal be retroactive to 2002 or will it start here in 2018. Will he have to wait another 5 years again, or can he use his prior 10 years to apply for naturalization.
Didn't you ask this question of your lawyer?
I'm not so sure that he qualifies for naturalization. You say he was deported in 2002 ... how did he get back?
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Your lawyer is best suited to address your immigration concerns, afterall he suceeded in reopening your case.
Ekaette Lawyers Texas.
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