Applications for Cancellation of Removal for Non-Permanent Residents in DC

Below a Cancellation of Removal lawyer in DC discusses the application process for Cancellation of Removal for Non-Permanent Residents. You should apply for cancellation if you are eligible, assuming you have no other routes for relief. Many times it’s people’s only option. If you qualify as a non-LPR it means you’ve been here for ten years. A decade is a long time to be living in the US, so again, the stakes are high and often it’s people’s only option.

More information on Removal Proceedings for Non-Permanent Residents

Eligibility Requirements For Cancellation of Removal

Non-permanent residents can be eligible for cancellation of removal if they have at least ten years of physical presence in the United States. This does not have to be lawful presence. Below is a brief overview of the eligibility requirements for non-permanent residents.

#1 Continuous Presence for 10+ Years

You have to prove that you’ve lived in the United States for ten years or more and that you haven’t departed for periods of times that will break that continuous presence.

#2 Good Moral Character

You also have to show that you’re a person of good moral character which is a determination that needs to be made by the court. You also have to show that you have a spouse, a parent, or a child who’s under the age of 21 who is a legal permanent resident or a US citizen.

#3 Hardship To Family Members If You Are Deported

Finally, you have to show that that qualifying family member will suffer exceptional and extremely unusual hardship if you are deported from the United States.

Hardship to yourself doesn’t matter. If you have a terrible condition and your life will be threatened if you go back to your home country, the courts don’t care unless you can prove that your absence will affect your family in extremely detrimental ways. The hardship always has to be inflicted on your qualifying family member. Also, if you have family members who are not in legal status, the court also doesn’t care about that, unfortunately. It has to be a person in your family who is a USC or LPR parent, spouse, or child under 21 who will suffer that exceptional and extremely unusual hardship if you’re not here, or if they are forced to return to your home country along with you.

Things to Know About Applying for Cancellation of Removal

First, people should understand the quantity and quality of evidence that needs to be submitted to support the hardship factor.

Number two, it’s very important to not overlook the continuous residence prong. The proof of continuous residence requirement won’t be satisfied by simply saying that you entered in a certain year and expecting that to be enough. You really do have to prove it through some sort of documentation that you have resided in the US for the requisite amount of time.

Number three, people need to understand that these are not cut-and-dry cases. It’s not like if you meet the basic requirements, then you’re going to qualify. It’s an argument that there are always two sides to and you want to have an attorney on your side that really understands how to present the case powerfully.

How Long Does Cancellation of Removal Take?

It depends on the schedule of the court. You have to wait for an individual hearing so that you can litigate your case, which can take a number of years depending on what court you’re in. If you’re in ICE detention during the pendency of your removal proceedings, the process will be much faster. You’ll be scheduled for an individual hearing in weeks or months.

A Cancellation of Removal Lawyer Can Help With Your Application

It’s very important, especially in non-LPR cancellation cases, to have an attorney because there are so many elements of these cases that are discretionary, and which the judge could go either way on. There’s not a clear yes or no answer as to whether or not you meet these sort of vague nebulous requirements, so it is very important to craft your story and to present your case and the evidence available in a way that gives the judge something to hang his hat on when he makes a decision.