Non-Legal Permanent Resident Cancellation of Removal
For those who are required to attend removal proceedings and have been staying in the U.S for an extended period, they may be able to apply for non-LPRs Cancellation of Removal in the presence of an Immigration Judge if they meet the following conditions;
- Physically present in the U.S. for 10 continuous years before the removal proceedings were instituted. Yet, this requirement does not apply if you have been working in the country’s Armed Forces for more than 24 months, were in the country when you were being enlisted or inducted, and have been awarded a honorable discharge or are serving honorably. The term “Continuous” implies that you cannot stay out of the country (United States) for over 90 days at once, or a cumulative 180 days during your 10-year stay;
- During your 10 continuous years in the United States, you have demonstrated good moral character;
- You are admissible under Sections 212(a), (2) or (3) on the basis of security and crime or and not deportable under Sections 237(a) (1) (G) on the basis of marriage fraud, (2) on criminal grounds, (3) on the basis of registration failure and document falsification or (4) on security-related grounds;
- Your removal may subject your immediate relatives (parent, spouse, or children) who are U.S citizens or legal permanent residents to exceptional and extremely unusual hardship.
For ‘exceptional and extremely unusual hardship’ to be established, you should prove that your eligible relative will significantly suffer hardship past the level which would ordinarily be caused by your removal from the U.S. The Immigration Judge will not take into consideration the hardship of the foreign national. The Judge will consider the age, length of U.S residence, health and the ties (community and family) of your eligible relative in the United States. Nonetheless, all the hardship factors must cumulatively be put into consideration.
The BIA has held that a combination of diminished economic and academic prospects within the country of removal, the respondent’s financial burden, whether the respondent is a financial contributor, the legal status of the respondent’s immediate relatives in the U.S, the respondent’s family member’s unfamiliarity with the country of removal (such as language and extended family presence) amid other factors, will cumulatively assist in weighing the hardship for removal cases.
Battered children and spouses are the common beneficiaries of non-LPRs cancellation of removal. However, only 4,000 people can receive non-LPRs cancellation of removal as well as suspension of deportation in any given year.
What to Do before Applying
For those who are already facing removal proceedings and are legally allowed to apply for cancellation of removal, this maybe your best option. On the other hand, those who are not facing removal proceedings and cancellation of removal is their only option to gaining legal protection, they should think twice prior to affirmatively acting in immigration court application. It is always important to consult a highly specialized immigration attorney with experience in these cases.
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