Non-LPR Cancellation of Removal
Non-LPR Cancellation of removal is a form of relief available to certain individuals in removal proceedings who have been living in the United States for an extended period of time. It is an unusual application, because with it the foreign national applicant can go from being under the threat of deportation to being a green cardholder. If you are granted this form of relief, you will be able to get a green card. Our Philadelphia Immigration Lawyers can help you to prepare and present an application for cancellation of removal.
There are several requirements which must be met in order to get a Green Card in this way. First, you need to show that you have been living in the United States for a period of at least ten years. This is known as the continuous physical presence requirement. In addition, you have to demonstrate that you are a person of good moral character. You must be able to establish that you have not violated certain laws, and have not been convicted of particular crimes.
Furthermore, you must establish that your removal from the United States would result in exceptional and extremely unusual hardship to at least one qualifying relative who is a United States citizen or a Lawful Permanent Resident (LPR). Often, this is the most difficult hurdle to overcome in applications for this form of relief from removal.Bear in mind that cancellation of removal is a discretionary application, which means that even if you meet the above referenced statutory requirements, the immigration judge must still determine whether you are entitled to a favorable exercise of administrative discretion. Therefore, it is crucial to demonstrate that you are honest, sincere, and sympathetic. In short, you must establish in no uncertain terms that you are truly deserving of this extraordinary immigration benefit.
This type of application requires a strong evidentiary demonstration that you are entitled to the relief sought, and is best supported by a strong and sophisticated legal argument. An attorney can advise you if you are eligible for this type of relief, and can help you to present the best possible case. Contact a Philadelphia immigration attorney in our office to speak with a legal professional about this complex area of immigration law.
Nationwide, immigration judges can approve a limited number of cancellation of removal applications of this type each year. This means that an applicant with an approval cancellation cases will often have to wait until the immigration judge is able to actually approve his or her case.
This content was written on behalf of Greg Prosmushkin.