Non-LPR (Legal Permanent Resident) Cancellation of Removal is a form of relief available to foreign nationals who have been placed in removal proceedings AND who meet a certain set of criteria as set forth in the Immigration and Nationality Act (INA). If you are granted cancellation of removal, you will be given legal permanent resident status in the United States.
Am I eligible for Cancellation of Removal?
Generally, to be eligible for cancellation of removal:
- You must have been continuously physically present in the United States for a period of 10 years prior to the date you were either served with a Notice to Appear* or committed a certain offense listed in the INA;
- You must have a qualifying relative who is a US citizen or LPR spouse, parent or child;
- You must show that your removal from the US would cause “exceptional and extremely unusual hardship” to your qualifying relative; and
- You must show that you have “good moral character.”
How do I show that I meet the requirements above?
Continuous physical presence:
Continuous physical presence can be proven in a number of ways. Taxes, bills with your name and address, medical records and children’s birth records are just some of the ways to show physical presence in the US. You should have sufficient records to show that you have been continuously physically present in the US for 10 years.
Showing that you have a qualifying relative is probably the easiest criterion to prove. Your marriage certificate for a qualifying spouse or birth certificates for a qualifying parent or child are sufficient to establish the requisite relationship.
“Exceptional and extremely unusual hardship” to your qualifying relative:
This is typically the hardest criterion to prove. You must show that the hardship to your qualifying relative is greater than the hardship that the typical person would suffer if his or her loved one was deported. For example, if you have a spouse, parent or child with a severe illness who requires your constant care, you may be able to establish “exceptional and extremely unusual hardship.”
Good moral character:
You must establish that you are a person of “good moral character.” This generally means that you cannot have committed certain crimes as set forth in the INA. The immigration judge ultimately has discretion to determine whether you have good moral character and can take many things into consideration. For example, if you have not paid taxes while living in the United States, the immigration judge may determine that you are not a person of good moral character. See our blog, “Are taxes important in Immigration Matters?” to learn more about how taxes can affect your immigration case.
One way to show good moral character, among many others, is to obtain letters of recommendation from friends and other members of the community who know you well. Letters of recommendation may also be used to establish physical presence if you are unable to locate the documents mentioned above.
Non-LPR Cancellation of Removal is discretionary relief granted by an immigration judge. This means the immigration judge weighs the evidence presented to determine the outcome of your case. You should seek the assistance of an experienced immigration attorney to help you present the best case possible to the immigration judge.
Let the Atlanta Immigration Attorneys at Antonini & Cohen Help with Your Immigration Case
Contact the experienced attorneys at Antonini & Cohen Immigration Law Group to determine whether you are eligible for Cancellation of Removal. We have represented many individuals seeking Cancellation of Removal and know the most effective ways to prove each element of your case. Call us at 404-850-9394 or complete our contact form to schedule an appointment with one of our attorneys today.
*What is a Notice to Appear?
A Notice to Appear is a document served on you by the Department of Homeland Security (DHS), US Immigration and Customs Enforcement (ICE). It sets forth the allegations against you and explains why the government believes you were inadmissible to the United States when you entered or why you are now deportable. DHS files the NTA with the immigration court, who in turn sends notice to you of the date and time of your first hearing.
At Antonini & Cohen, we have been providing energetic, effective and aggressive representation in all areas of American immigration law since 1991.