Cancellation of removal for non-permanent residents under the Immigration and Nationality Act of 1952 (INA) § 240A(b)(1), also known as non-lawful permanent resident (non-LPR) cancellation of removal, can be a critical defense to deportation for certain noncitizens who have family members in the United States. When a person is granted non-LPR cancellation of removal, they will receive a green card.
Cancellation of removal is considered a defensive application, which means it is only available to a person who is facing removal in immigration court. In other words, a person cannot apply for cancellation of removal by affirmatively submitting an application to the United States Citizenship and Immigration Services (USCIS).
Cancellation of Removal Eligibility
A person may be eligible to have their removal canceled under section 240A(b) of the INA if they can establish in a hearing before an immigration judge that:
- Prior to service of a Notice to Appear, the person maintained a continuous physical presence in the United States for ten years or more, and they were a person of good moral character as defined in INA § 101(f) during such period;
- They have not been convicted of any offense covered under INA § 212(a)(2), INA § 237(a)(2), or INA § 237(a)(3); and
- Their removal would cause exceptional and extremely unusual hardship to their United States citizen or LPR spouse, parent, or child, and they deserve a favorable exercise of discretion on their application.
Alternatively, a person could also establish in a hearing that:
- They have been battered or subjected to extreme cruelty in the United States by their United States citizen or LPR spouse or parent, or they are the parent of a child of a citizen or LPR and the child has been battered or subjected to extreme cruelty in the United States by the citizen or LPR parent;
- Prior to service of a Notice to Appear, the person maintained continuous physical presence in the United States for three years or more and has been a person of good moral character as defined in INA § 101(f) during such period;
- The person is not inadmissible under INA § 212(a)(2) or INA § 212(a)(3), they are not deportable under INA § 237(a)(1)(G) or INA § 237(a)(2)-(4), and they have not been convicted of an aggravated felony as term is defined under the INA;
- A person’s removal would result in extreme hardship to them or their child who is the child of a United States citizen or LPR; or
- The person is a child whose removal would result in extreme hardship to them or their parent; and
- The person is deserving of a favorable exercise of discretion on their application.
Proving that you are eligible for cancellation of removal is your burden, so a person needs to be prepared to present the strongest possible case to an immigration judge. A skilled attorney will know how to help you prepare for this big moment.
Satisfying the 10-Year Residence Requirement
Rent receipts, credit card statements, and pay stubs can all be forms of evidence that could help prove a person has lived in the United States for the past ten years. When this kind of evidence is hard to locate, a person could rely on affidavits from friends and family members.
It is important for people to understand that leaving the country for more than 90 days or adding up to more than 180 days can negatively impact the 10-year calculation. Receiving a Notice to Appear can also stop your 10-year clock.
Satisfying the Qualifying Relative Requirement
Qualifying for cancellation of removal under the INA § 240A(b)(1)(D) means an undocumented immigrant needs to have a relative who is either a spouse, parent, or child and a citizen of the United States or LPR. A child needs to be unmarried and under 21 years of age.
Satisfying the Exceptional and Extremely Unusual Hardship Requirement
This requirement can be one of the most difficult to satisfy because a person is going to need to present a reason that goes beyond the simple sadness a family member might feel. There will need to be a level of need here that goes well beyond that.
When there are concerns about medical care not being available in a home country, that is often enough to satisfy this burden. Issues concerning language barriers or lack of support structures can also be beneficial.
Satisfying the Good Moral Character Requirement
Good moral character usually involves a review of a criminal record, so convictions can be damaging. You can overcome negative impressions related to minor crimes through volunteer service or steady employment claims though.
Call Us Today to Speak with a Los Angeles Cancellation of Removal Lawyer
Are you thinking that you might need help seeking cancellation of removal in California? You will want to be working with the Law Office of Todd Becraft because our firm has a wealth of experience handling these cases.
We know how stressful and confusing all immigration hearings can be for most people, so we take the time to sit down and really go through what to expect. You may call (213) 388-1821 or contact us online to arrange a consultation with our Los Angeles cancellation of removal lawyer.
