CANCELLATION OF REMOVAL

If you have been placed into Removal Proceedings, but have been physically present in the U.S. for more than 10 years you may be eligible to apply for a green card through Cancellation of Removal for Non-LPRs.

Do You Qualify?
You must meet the following qualifications to apply for a green card before an immigration judge under Cancellation of Removal for Non-LPRs:

  • You must have continuous physical presence in the U.S. for at least ten years before you were issued the NTA.
  • You must show that your removal from the U.S. will cause “exceptional and extremely unusual hardship” to a qualifying relative. A qualifying relative for purposes of Cancellation include U.S. citizen or lawful permanent residents (LPRs) spouses or children.
  • You must show that you have “good moral character”; and You have not been convicted of certain crimes or violated certain laws.

The above points are the minimum requirements to apply. That does not mean that the judge will grant your application and give you a green card. The immigration judge has discretion to decide whether or not to approve your application. The day of the Individual Hearing (your trial) you may testify on your behalf, along with other witnesses. The government has an opportunity to cross examine you as well as your witnesses. The judge may also ask you follow up questions and then the court will make a decision on all the testimony and evidence presented.

There is also a 4000 visa cap for Cancellation of Non-LPR cases. This means that only 4000 cases per year can be approved. This is a very small percentage compared to the number of Cancellation cases that are submitted to Immigration Judges. Many cases are denied or backlogged.

photo-content-hurtado-law-clock

10 Year Clock Issues
The date of your arrival starts the ten-year “clock.” The clock can stop in many different ways including when you receive an NTA, commit certain types of crimes, or have a single absence from the U.S. of more than 90 days or multiple absences adding up to more than 180 days.

Difference Between LPR Cancellation and non-LPR Cancellation
Cancellation is also available to Lawful Permanente Residents (LPR’s), people with Green Cards. LPR Cancellation has vastly different requirements. No hardship to a qualifying relative has to be shown and there are only three basic requirements: five years as an LPR; seven years of continuous residence in the U.S.; and no aggravated felony convictions. There is also no annual cap or limit.

Please contact the Hurtado Immigration Law Firm today to speak to an experienced attorney if you have been placed into Removal proceedings.