What is Non-LPR Cancellation of Removal?
Non-LPR (Legal Permanent Resident) Cancellation of Removal is a form of relief available to foreign nationals who have been placed in removal proceedings AND who meet a certain set of criteria as set forth in the Immigration and Nationality Act (INA). If you are granted cancellation of removal, you will be given legal permanent resident status in the United States.
Am I eligible for Cancellation of Removal?
Generally, to be eligible for cancellation of removal:
You must have been continuously physically present in the United States for a period of 10 years prior to the date you were either served with a Notice to Appear* or committed a certain offense listed in the INA;
You must have a qualifying relative who is a US citizen or LPR spouse, parent or child;
You must show that your removal from the US would cause “exceptional and extremely unusual hardship” to your qualifying relative; and
You must show that you have “good moral character.”
How do I show that I meet the requirements above?
Continuous physical presence:
Continuous physical presence can be proven in a number of ways. Taxes, bills with your name and address, medical records and children’s birth records are just some of the ways to show physical presence in the US. You should have sufficient records to show that you have been continuously physically present in the US for 10 years.
Qualifying relative: