Non-LPR Eligibility Requirements for Cancellation of Removal in Leesburg
When people enter the United States, lawfully or unlawfully, they are often looking to better their lives as well as the lives of their loved ones. Unfortunately, immigrants who are considered non-lawful permanent residents (non-LPR) can be removed from the country upon entry. In other cases, they may be removed when the government finds out about their legal status. Once in this circumstance, the ability to stay in the country may seem grim, the option for cancellation of removal, even if the individual facing removal is a non-lawful permanent resident.
To learn more about the non-LPR eligibility requirements for cancellation of removal in Leesburg, make sure to get in touch with a skilled attorney today.
Eligibility Requirements for Non-Lawful Permanent Residents in Leesburg
First, the non-lawful permanent resident trying to obtain cancellation of removal in Leesburg is required to show that they have been physically present in the United States continuously for at least 10 years. Then they will have to prove that in those 10 years, they have been a person of good moral character, were not convicted of an aggravated felony, and that they have a qualifying relative – a U.S. citizen spouse or Green Card holder (permanent resident) spouse, child, and/or parent who will likely suffer exceptional and extremely unusual hardship in their absence.
How Do the Physical Requirements Apply for Non-LPR’s?
As soon as one is physically present in the United States, the clock for the physical requirements begins. Since the clock stops when one is issued a Notice to Appear (NTA), individuals who are detained upon entry when they cross the border are most likely not going to be eligible for cancellation of removal unless there is some sort of discrepancy in the due process rights of that person. This will impact their eligibility for cancellation of removal because they will have zero days of physical presence in the legal sense.
When Will a Non-Permanent Resident Face Removal Proceedings?
A non-permanent resident can be facing removal proceedings if they are apprehended at the border. Therefore, if someone who enters the United States without permission is apprehended at the border, they are placed in a removal proceeding by the issuance of the NTA.
Additionally, there are individuals who overstay a visa who are placed in a removal proceeding pending a determination by the U.S. government. There are also individuals who are unlawfully present in the United States for a long time until they have a criminal issue pop-up. This can then have them placed in removal proceedings.
What is the Process for a Non-Permanent Resident Cancellation of Removal?
The first step of the process will be to be issue a Notice to Appear that will place the individual in question in a removal proceeding. The next step will be to try to document the physical presence of at least 10 years before that issuance of the NTA, evidence that the person has been a person of good moral character, that the person has not been convicted of an aggravated felony, and that the person has a qualifying relative who will suffer exceptional and extremely unusual hardship in their absence.
Once the documentation is put together, the next step is to go ahead and submit the EOIR-42B form in which one pays $100.00 plus $85.00 of a biometric fee to the Department of Homeland Security. The individual will then present this to the court who will then set up an Individual Merits Hearing to determine whether the person will obtain cancellation of removal.
Speak with a Skilled Immigration Attorney for More Insight
For more information regarding non-LPR eligibility requirements for cancellation of removal in Leesburg, be sure to schedule a consultation with a dedicated attorney as soon as possible. A lawyer can inform you of what you need to do in order to qualify for cancellation of removal. To learn more, call our law offices today.