Cancellation of Removal for Non-Permanent Residents

Cancellation of Removal for Non-Permanent Residents may be the only way a non-permanent resident can stop removal proceedings and obtain a green card.

Cancellation of removal is something you can only apply for when you are in the removal process, that is, when you are in removal proceedings before an Immigration Judge. Cancellation of removal is a form of relief from removal.

If your application for cancellation is granted, you are not forced to leave the US, and you become a lawful permanent resident.

Significantly, this is one of the few ways for individuals who entered without inspection or crossed the border illegally to get a green card. That being said, the requirements, especially the hardship requirement, are very difficult to meet. If you are in removal proceedings and think you meet the requirements for cancellation of removal, consult with a NJ immigration attorney at LS&P Lawyers about your specific case.

Requirements

There are four requirements that you must meet to be eligible for cancellation of removal.

1) You must have lived in the US continuously for 10 years or more

You must have been living in the US for least 10 years on the date you were officially told the government was starting your deportation process. The 10 years are interrupted if you left the US for anything more than a brief trip. The 10 years can also be interrupted if you have committed certain crimes.

2) You must have no disqualifying criminal convictions

Convictions for certain crimes will prevent you from being granted cancellation. These disqualifying crimes include drug related crimes, aggravated felonies, and crimes involving moral turpitude. An immigration attorney can figure out whether you have a disqualifying conviction.

3) You must show you have been a person of "good moral character" for 10 years

Good moral character can he shown by: employment history, lack of a criminal record, history of paying taxes, history of supporting your family, participation in community organizations, and other ways.

4) You must show you have a relative who will suffer "exceptional and extremely unusual" hardship

You have to show that you have a spouse, parent, or child (under age 21) who is a US citizen or a lawful permanent resident. You also have to show that one or more of these relatives will suffer "exceptional and extremely unusual" hardship if you leave the US. This is a really difficult requirement to meet. You can't count hardship that you will experience; it has to be hardship for your relative. You have to show that you relative's life will be worse than the lives of most other people whose relatives are forced to leave the US.

There are many different factors the immigration judge can look at when deciding whether a case meets this requirement. The judge can look at the the applicant: how old they are, how much money they provide for their family, whether the applicant is needed to care for children, old relatives, or sick relatives. The judge can look at the applicant's children: how many children they have, how old the children are, how long the children have been in the US, what languages the children know, how well the children are doing in school, whether there is someone who could care for the children if the applicant left, and if any of the children have any health problems. The judge can also consider whether any relatives have health conditions, whether these conditions require treatment in the US, and whether these sick relatives rely on the applicant for help. The judge can also consider family ties to the US, family ties to the home country, and conditions in the home country.

Establishing "exceptional and extremely unusual" hardship requires you to provide the court with hard evidence, for example letters, medical and school records, reports, and other documents. An immigration attorney at LS&P Lawyers can help you figure out what kind of evidence would be useful and can help present your case to the court.

How to Apply

To apply for cancellation of removal, you file an application fee with the immigration court and pay the application fees of $185.

Cancellation of removal cases are not easy to win. You should never go to Immigration Court without a lawyer. A lawyer can advise you on the documentation needed to establish a successful case and can present that evidence in the best possible light. Call the lawyers at LS&P Lawyers. We have handled many such cases successfully and can help you with your case.

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