If you are not a citizen of the United States and you do not have legal permission to remain in the U.S., you may find yourself scheduled for deportation. If this is the case, you may be able to benefit from a “Non-LPR Cancellation of Removal”. If you are granted Non-LPR Cancellation of removal, you could receive a green card. However, this relief is only available in removal proceedings and cannot be filed outside the immigration court.
Qualifying for Non-LPR Cancellation of Removal
There are four basic requirements to obtain a release from deportation:
1. You must have lived in the United States for at least 10 years.
2. Your deportation will cause undue hardship for qualifying relatives who are
citizens of the United States or lawful permanent residents.
3. You can prove that you are of “good morale character”.
4. You have abided by all applicable laws and have no serious criminal charges.
Even if you meet all of the basic requirements, the immigration judge may still rule against your application for a cancellation. It is critical that you work with an immigration lawyer who can help communicate your case in order to convey to the immigration judge that you are trustworthy, sincere and can make a valuable contribution to the United States in order to give yourself the best opportunity to receive a cancellation. Your lawyer may also advise you that your could be eligible for other forms of relief. To learn more, visit our information page on:
One of the most important aspects in validating yourself before the immigration judge is providing sufficient evidence to prove that you meet the basic requirements. Don’t despair if you have something less than optimal in your record. A lawyer can help you prepare your documents and a complete application to place yourself in the best possible light. Even if you have an unsullied record, a lawyer can help you to make the best impression on the immigration judge and can give you valuable advice and insight.
Applicants Should Act Quickly Due to Non-LPR Cap
Immigration judges can only approve 4,000 cancellation applications per year from those who do not possess green cards (non-LPRs). This figure applies to all the immigration judges in the United States. The 4,000-application cap is often reached very quickly every year. Even if you have an approvable cancellation application, the immigration judge may not be able to make a decision for you until another application slot opens up again.
Meeting the 10-year U.S. Residence Requirement
In order to successfully apply for non-LPR cancellation, you must be able to prove that you have been continuously present in the United States for the 10 years immediately before the date you apply for cancellation. If you have served at least two years of active service in the U.S. armed forces, these two years alone are sufficient to meet the requirement for a non-LPR cancellation.
The date of your arrival in the U.S. starts the 10-year “clock.” Should you receive a notice to appear in immigration court, commit certain crimes, be absent from the country for more than 90 days at one time or have combined separate absences totaling more than 180 days, this 10-year “clock” is paused. Voluntary departure orders and other situations can also put a check on the 10-year time period.
Proving Ten Year Residency
You should work with your immigration lawyer to strengthen your case. In order to prove that you have resided in the U.S. for 10 years, you can use testimonies and written declarations from yourself and others. If at all possible, consider supplying pay stubs, rent receipts and credit card statements in court as well, as these documents can carry extra weight in proving your physical presence in the country.
Meeting the “Qualifying Relative” Requirement
In order to meet the qualifications for a cancellation based on a qualifying relative, an undocumented immigrant must have at least one relative who is a spouse, a child or a parent. This relative must be either a legal citizen of the United States or an alien who has been legally permitted to reside in the country. See the Immigration and Nationality Act (I.N.A.) Section 240(b)(1)(D) for more information regarding this requirement.
Meeting the “Exceptional and Extremely Unusual Hardship” Requirement
It is understood that every deportation causes suffering and hardship for those left behind, but some hardships are more difficult than others. In order to qualify for non-LPR cancellation, the hardship caused to the relative must be “exceptional and extremely unusual.” Some examples of this extreme type of hardship include the severe illness of a minor child which would be unable to receive adequate treatment in the immigrant’s home country, the lack of sufficient support structure in the home country or the inability for your children to speak the language of the country to which you would be deported.
Because it is insufficient to prove the mere emotional, physical or financial hardship imposed on those left behind, this requirement may be difficult to meet in some cases. You should rely on your attorney to help you determine of whether your situation falls into this category.
Meeting the “Good Moral Character” Requirement
An immigration judge will deny a non-LPR cancellation application if the applicant fails to possess quality character. The judge will make this decision based on what the law says regarding the character of the applicant. For example, if the applicant is a drunkard or uses drugs regularly, the judge may declare the application to be invalid. The judge may also make this judgment based on other factors. Because there are many reasons why a judge could rule against a non-LPR cancellation application, it is important to obtain the service of a trustworthy attorney as soon as possible, especially if you have any negative factors in your history as a non-LPR.
Difference Between LPR Cancellation and Non-LPR Cancellation
There is another deportation solution with the name of LPR cancellation. While the name is close, it is not the same as non-LPR cancellation. The requirements for LPR cancellation are slightly different. The applicant is not required to prove imposed hardship for remaining relatives and there is no limit to the number of LPRs who can receive this cancellation each year. The three basic requirements for LPR cancellation are as follows:
- You must have lived in the U.S. for five years as an LPR.
- You must have seven years of continuous residence in the United States.
- You must be free from any aggravated felony convictions.
We Are Ready To Help You!
If you have been placed in removal proceedings, or have a loved one who is facing removal you should consult with a licensed immigration lawyer in order to determine if you could qualify for Non-LPR Cancellation of Removal. These types of cases involved several complex legal elements and it is in your best interests to work with a legal professional. If you or a loved one is facing removal or, learn more about Non-LPR Cancellation of Removal – call Pride Immigration Law Firm PLLC today or tell us about your case online.
SUMMARY: A person who is at risk of deportation may be able to obtain “cancellation of removal” by following the right steps and enlisting the services of an attorney.
Beeraj Patel, Esq.
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