Cancellation for Nonpermanent Residents
One of the most frequently sought after forms of relief in Immigration Court is Cancellation of Removal. There are two types of Cancellation: one for lawful permanent residents (those who already have a “green card”) and one for certain nonpermanent residents.
Cancellation is a discretionary form of relief subject to certain eligibility requirements. Section 240(A)(b)(1) of the Immigration and Nationality Act (INA) defines the criteria for nonpermanent residents. The statute provides:
The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien-
(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;
(B) has been a person of good moral character during such period;
(C) has not been convicted of an offense under section 212(a)(2), 237(a)(2), or 237(a)(3), subject to paragraph (5); and
(D) establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.
Cancellation of Removal is applied for on Form EOIR-42B. It is submitted and filed with the Immigration Court, and the burden of proof is on the Respondent (the individual facing removal proceedings in court) to demonstrate not only that all the statutory requirements have been met, but also that he/she deserves relief as a matter of discretion. Unlike Cancellation of Removal for Permanent Residents, there are several limitations that could potentially disqualify an individual from applying, such as criminal convictions. If the application is granted, the alien’s status will be adjusted to a permanent resident.
How Our Office Can Help You To Stay in The United States
If you are a nonpermanent resident charged with removability, our attorneys can investigate whether you legally qualify for this form of relief and if so, represent you in pursuing it before the Immigration Court. Because this is a discretionary form of relief, it is not merely enough to demonstrate that you meet the eligibility requirements. In order to successfully receive a grant of cancellation, you must show the Judge how your case and circumstances warrant an approval. This can be a daunting task, especially with the standard of “exceptional and extremely unusual hardship” set so high. Our experienced attorneys will work with you to identify the merits of your case, assemble the necessary documentary evidence, and help craft the winning argument that will maximize your chances of prevailing in court and staying here in the United States.