Cancellation of Removal for Non Lawful Permanent Residents
An individual residing in the U.S. in undocumented status, either as a visa overstay, or having entered without inspection, may be eligible to be considered for the relief of Cancellation of Removal for Non Lawful Permanent Residents – a process that can actually be a path to legalization and lead to the issuance of a Green Card. To fully understand all of the requirements at play and to devise a strategy to maximize your chances for success, contact Richard Hanus of the Law Offices of Richard Hanus, who has 25 + years of experience successfully presenting this very type of defense and claim for relief.
To qualify for Cancellation of Removal for Non Lawful Permanent Residents pursuant to Section 240A(b) of the Immigration and Nationality Act, a foreign national must be able satisfy and document a variety of requirements, including:
- their continuous residence in the U.S. for at least 10 years (with some interruptions allowed),
- “good moral character” for the 10 year period leading up to the presentation of the claim for relief;
- no serious criminal convictions, with most single misdemeanors not leading to ineligibility and
- the forced removal of the applicant will cause a U.S. citizen or lawful permanent resident spouse, parent or under 21 year old child to experience “exceptional and extremely unusual hardship”.
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A foreign national may be ineligible to be considered for Non LPR Cancellation of Removal due to various disqualifying grounds including, if:
- their entry into the U.S. was as a crewman after June 30, 1964,
- their entry into the U.S. was on a J visa and for the purpose of receiving graduate medical training/education or was otherwise subject to a 2 year home residency requirement that had not been satisfied or waived,
- they have committed one or more serious (disqualifying) criminal acts or
- their accumulation of time toward the 10 year mark was interrupted by the commission of a particular criminal act OR the service of the Notice to Appear (the charging document that commences removal proceedings), although recent U.S. Supreme Court precedent calls into question this stop time impact. (see Pereira v. Sessions 138 S. Ct. 2105 (2018)
Special Rule Cancellation of Removal For Battered Spouses of U.S. Citizens
An additional basis for Cancellation of Removal relief, per Section 240A(b)(2) of the Immigration and Nationality Act, is premised on the foreign national proving a) three years of residence in the U.S. in the period leading up to their presentation of their application, b) good moral character, c) that they have been the victim of their U.S. citizen spouse’s “battery or extreme cruelty” and d) their removal from the U.S. would cause them, their child, or their parent, “extreme hardship.”
Importantly, applications for either of the above types of relief are eligible to be issued an Employment Authorization Document while their cases are pending.
Being granted relief from removal on either of the above grounds depends on a sound legal strategy and the foreign national’s presentation of a detailed and well documented case. Contact experienced counsel at the Law Offices of Richard Hanus to help insure that the presentation of your defense to removal proceedings is founded on a proper, realistic approach and incorporates the type of documentation and evidence that meets the standards of the governing statutes and regulations.