If placed in removal proceedings, cancellation of removal for a non-permanent resident is a remedy through which he or she may have his or her removal order cancelled and may be granted legal permanent residence (a green card). Such individuals must meet the following criteria to demonstrate eligibility:
- Continuous physical presence in the U.S. for at least 10 years immediately preceding the date of his or her cancellation application
- Have been a person of good moral character for at least 10 years immediately preceding the date of his or her cancellation application
- Have not been convicted of certain crimes, namely an aggravated felony and/or a crime involving moral turpitude
- Establish that removal from the U.S. would result in exceptional and extremely unusual hardship to his or her U.S. Citizen or permanent resident spouse, parent, or child
- His or her application deserves favorable discretion by the Immigration Judge
These criteria are complex and can be proven through a variety of means. The standards for being granted cancellation of removal of Removal Non-Permanent Residents and people in the United States Illegally are difficult to meet, particularly where a criminal history is involved. However, a strong application demonstrating to the Immigration Judge that an individual warrants favorable discretion can facilitate the successful outcome of a case.
A cancellation of removal non-permanent residents and people in the United States illegally case of can be a lengthy process. Individuals will first appear for an initial hearing (“Master Calendar” Hearing) at which they will be scheduled for their subsequent individual hearing. It is at the individual hearing where the Immigration Judge will evaluate the merits of the case.
If you have questions about cancellation of removal for non-permanent residents and people in the United States illegally and would like more information from one of our immigration attorneys, contact us today.