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Removal of Non-Permanent Residents

Cancellation of Removal for Non-permanent Residents

Background

Cancellation of removal is a form of relief from deportation or removal that you can only apply for if you have an open case in deportation or removal proceedings in Immigration Court before an Immigration Judge. If you do not have a scheduled date to appear in Immigration Court, you cannot apply for cancellation of removal.

If you have already appeared in Immigration Court and your case is now closed because you have a final order of removal or deportation from an Immigration Judge, you cannot apply for cancellation of removal unless you can convince the Immigration Court to grant a motion to reopen your case.

It is very important to understand that cancellation of removal is a discretionary form of relief. Ultimately, the decision is up to the Immigration Judge. Therefore, even if you evidence to the Immigration Court that you meet all of the eligibility requirements, the Immigration Judge could still decide that you do not warrant approval of your application for cancellation of removal and deny your case. The Immigration Judge considers and weighs the equities presented in your case to determine your eligibility.

Eligibility Requirements

To qualify for cancellation of removal, you must show:

• Ten Years in the U.S. You have been continuously physically present in the United States for at least ten years. The 10-year period is measured from the date of entry until the date that the Department of Homeland Security issues a Notice to Appear in Immigration Court. A single absence of 90 days or a several absences totaling 180 days will interrupt the continuous physical present necessary for cancellation of removal;

• Good Moral Character: You have been a person of good moral character during that 10 year period of time;

• No convictions that make you inadmissible or deportable: You have not been convicted of certain criminal offenses that would render you inadmissible or deportable; and

• “Exceptional and extremely unusual hardship.”: Your possible removal from the United States would cause “exceptional and extremely unusual hardship” to your lawful permanent resident or U.S. citizen spouse, child or parent.

“Exceptional and Extremely Unusual Hardship” Standard

Many cancellation of removal cases are denied on the grounds that the applicant has shown that his/her removal from the United States would cause hardship, but the hardship does not meet the subjective standard of “exceptional and extremely unusual hardship.”

To meet this standard, you must show that your removal from the United States would cause your lawful permanent resident or U.S. citizen child, spouse or parent to suffer a level of hardship that is substantially worse than the hardship normally expected from removal.

Contact The Morgan Law Firm in Orlando

If you have an upcoming hearing in Immigration Court before an Immigration Judge and you do not have a green card / lawful permanent resident status, cancellation of removal might protect your from removal. If you think you might have a case for cancellation of removal or have questions about this form of relief, please contact The Morgan Law Firm, P.A. in Orlando to set up a consultation to discuss your immigration options. We can be reached by phone at (407) 425.8529 or by email at info@morganlawcounselors.com. You may also fill out our online form and we will contact you back as soon as possible.