CANCELLATION OF REMOVAL FOR NONPERMANENT RESIDENTS

 

Cancellation of removal is a type of relief available to non-permanent residents who have been placed in removal proceedings.  This form of relief allows certain individuals who have lived in the United States for 10 or more years and who are now in removal proceedings to remain in this country and obtain permanent residence.  

In order to qualify for non-LPR cancellation of removal, individuals must demonstrate the following:

  1. Applicant is in removal proceedings because he or she is either inadmissible or deportable;

  2. Must have been physically present in the United States continuously for at least ten (10) years immediately preceding the date of application;

  3. Must be able to demonstrate that he or she has good moral character for the entire period of time;

  4. Must not have been convicted of certain crimes (INA sections 212(a)(2), 237(a)(2), or 237(a)(3); and

  5. Must be able to demonstrate that his or her removal would cause exceptional and extremely unusual hardship to an LPR or US citizen spouse, child, or parent.

In addition, non-LPR cancellation of removal is statutorily unavailable to the following individuals: people who have already been granted cancellation of removal, suspension of deportation, or relief under INA section 212(c); people who have persecuted others, or who are inadmissible or deportable under the security and related grounds; and crewmen who entered after June 30, 1964, J nonimmigrant exchange visitors who have received graduate medical education in the United States, and J non-immigrants who are subject to, and have not satisfied or received a waiver of, the two-year foreign residence requirement.

This form of relief can be very difficult to obtain, particularly because of the element of showing exceptional and extremely unusual hardship to a qualifying relative.  Removal cases are one of the areas that we would highly recommend having Counsel from a skilled deportation defense attorney, and this type of relief is precisely one of the reasons why.

Please contact Courtney Soria at 561-318-3600 to determine whether you would be eligible to apply for non-LPR cancellation of removal, and whether applying for this type of relief is in your best interest.