Prince William County Eligibility Requirements for Non-Permanent Residents

A non-permanent resident can be eligible for cancellation of removal. It is one of the most important forms of relief for many people in the United States. To qualify for cancellation of removal, if an individual is not a green card holder, they need to prove they have been continuously physically present in the United States for at least ten years. A person needs to prove that removal from the United States would cost exceptional and extremely unusual hardship in a qualifying relative.

A qualifying relative must be a US citizen or a lawful permanent resident who is a parent, a child, or a spouse. They also need to show good moral character and that they do not have criminal offenses on their record that would disqualify them from being eligible for cancellation. If you wish to qualify for cancellation of removal, learn more about Prince William County eligibility requirements for non-permanent residents. Hire a skilled cancellation of removal attorney and begin building a case.

Good Moral Character

Good moral character is defined by the Immigration Nationality Act. If someone is qualified for Prince William County eligibility requirements for nonpermanent residents, they need to prove they have good moral character. A long list of actions enumerated by INA that will disqualify an individual from having a good moral character. For instance, being convicted of an aggravated felony, having several minor offenses related to alcohol that could make them appear to be a habitual drunkard, being unable to show good moral character or a prostitution offense.

There are a number of criminal offenses that will disqualify a person statutorily from having good moral character, but there is also a discretionary determination. Even if a person does not have one of those disqualifying crimes or behaviors listed in the INA, the judge can make a discretionary decision as to whether the person is “a good person”. It is a highly discretionary determination even though there are some statutory elements to it. It is a decision that will be made by the judge in their cancellation trial.

Hardship

The exceptional and extremely unusual hardship element of a non-LPR cancellation case is usually the most difficult criteria to satisfy. To be approved as a non-LPR, a person needs to show that their citizen or LPR spouse, child, or parent is going to suffer extreme and unusual hardship. This hardship could be financial, physical, mental, emotional, psychological, or some combination. This is actually an exceptional and extremely unusual legal requirement a person needs to prove. This can be done in a variety of ways, but it is a very high standard. An individual will not qualify by simply just saying they have kids who will miss them when they are gone.

Non-permanent Resident Comparison to a Legal Permanent Resident

It is more much more difficult for non-LPRs to qualify because they need to show that they have a qualifying relative and their relationship is bonafide for the qualifying relative and that that relative will suffer the exceptional extremely unusual hardship if they are gone. That requirement is not there for LPRs, and often the timeframe the individual needs to be processed in the United States is longer for a non-LPR, as in at least seven years.

Consulting an Attorney

For someone wants to qualify for cancellation of removal in the United States, they need to prove that they have benefitted their community, and pose no threat by having a clean record. A judge can determine if they are considered for good moral character. If you believe you are eligible for cancellation of removal, consult with a skilled immigration attorney. They can begin building your case and get you the legal representation you deserve. Prince William County eligibility requirements for non-permanent residents can be complicated so it is beneficial to have a strong legal team.