CANCELLATION OF REMOVAL FOR NON-PERMANENT RESIDENTS
Maryland, D.C., Virginia & Florida Immigration Attorneys
Non-LPR (lawful permanent resident) Cancellation of Removal
If you are not a citizen of the United States and you have been living here for a lengthy period of time without legal status, if you are placed into deportation or removal proceedings, you might be eligible for Cancellation of Removal and a green card. Also known at non-LPR (lawful permanent resident) cancellation of removal, you can avoid deportation if:
- You have resided and have been actually present in the U.S. continuously for a period of at least ten years. If you commit certain crimes or are absent from the United States for more than ninety days at one time, or absent multiple times for more than 180 days, then the ten year time period is tolled, or stopped. For example, if you’ve lived in the United States for nine years, and in the tenth year, you left the country for more than ninety days during a single trip, then you might not meet the ten year requirement. Written declarations and documentary evidence are the best ways to prove that you’ve lived in the U.S. continuously for ten years or more.
- If you are deported from the United States, it will cause your qualifying U.S. citizen or lawful permanent resident relatives to suffer an exceptional and extremely unusual hardship. What this means is that your “qualifying relative,” or child, spouse, or parent who is a United States citizen or LPR will suffer exceptional hardship. This hardship must be exceptional and extremely unusual and cannot just be evidence that your family member will suffer emotionally, financially, or physically in your absence. These exceptional hardships may be that a family member suffers from a serious illness and there is not adequate medical care in the undocumented individual’s home country, or if minor children have lived in the United States long enough that they do not speak the language of the undocumented individual’s home country.
- You can establish that you are of good moral character. In other words, you essentially must provide evidence that you are a good person
- You have not violated certain laws or have not been convicted of certain crimes.
YOU NEED A CONVINCING CASE
But even if you do meet all of these criteria for cancellation, it’s possible for an Immigration Judge to decide that they will not approve your application for cancellation. Accordingly, it is important that you consult with an experienced Immigration Lawyer who can advise you and help you present a convincing case before the Immigration Judge so that your chances of remaining in the United States are increased.
It is important to note that Immigration Judges are only allowed to approve four thousand applications for cancellation every year from applicants who are non-permanent residents. Accordingly, you should really consider speaking with an attorney who is familiar with the process so that your application may be processed and approved sooner rather than later.