Cancellation of Removal

Cancellation of Removal

Cancellation of Removal for Non-Permanent Residents: A Comprehensive Guide

If you have been residing in the United States for a decade and have a child facing health issues or educational challenges, you might have heard about the possibility of obtaining a green card. While there is some truth to this, the process is not as straightforward as it may seem. Cancellation of removal for non-lawful permanent residents (commonly known as “non-LPR cancellation”) is a relief measure designed to protect individuals in immigration court who are not green card holders from deportation. However, it is essential to note that you can only apply for this relief if you are in immigration court, and winning such a case is no easy feat.

Eligibility Criteria for Non-LPR Cancellation

If you find yourself in immigration court without a legal immigration status, you may be eligible for non-LPR cancellation if you meet the following requirements:

  • Ten years of continuous residence in the United States
  • No disqualifying criminal convictions
  • Exemplary moral character during the ten-year statutory period
  • Evidence demonstrating that deportation would result in exceptional and extremely unusual hardship for a U.S. citizen or lawful permanent resident spouse, child, or parent

Unfortunately, many individuals who apply for this relief do not succeed in immigration court. The hardship requirement is notoriously difficult to fulfill, and there is also a discretionary element involved in the decision-making process. Thus, it is crucial to seek the assistance of an experienced attorney specializing in cancellation of removal cases.

The Non-LPR Cancellation Process

Upon receiving a Notice to Appear, it is mandatory to attend the initial hearing in immigration court. During the preliminary or “master hearing,” individuals without legal representation typically receive a continuance to find an attorney. Subsequent master hearings require the presence of an attorney and the submission of necessary legal documents.

Once legal representation is secured, individuals can file Form EOIR-42B, the application for non-LPR cancellation, and fulfill the required fees. Supporting documentation must be submitted to the immigration court before the final hearing, commonly known as the “individual hearing.” This stage involves individuals testifying, presenting witnesses, and arguing their case.

If successful, individuals may have to wait for available visa numbers due to an annual limit on non-LPR cancellation visas. Once a visa number becomes accessible, the case can be approved, granting the individual permanent residency.

Assistance from a Los Angeles Attorney

If you are a non-permanent resident facing removal from the United States, it is crucial to understand your rights and explore your options. Collaborating with an experienced attorney specializing in cancellation of removal for non-permanent residents in Los Angeles significantly enhances your chances of successfully challenging removal and maintaining your presence in the United States. Reach out to us today to determine if you qualify for a complimentary case evaluation.