Cancellation of Removal for Non-Lawful Permanent Residents
If you do not have lawful permanent resident status but have lived in the United States for a long period of time, you may qualify for a lawful permanent resident card through cancellation of removal. However, only 4,000 cancellations of removal visas can be granted each year.
To be eligible for cancellation of removal as a non-lawful permanent resident, you must meet the following requirements:
- You have maintained continuous physical presence in the United States for at least 10 years - This clock stops when you are given a notice to appear, when you commit certain deportable offenses, or are outside the country’s borders for a period longer than 90 days. If you are outside the U.S. for more than 180 cumulative days, you are ineligible for cancellation of removal.
- Your removal would cause extreme hardship to qualifying relatives - You must have a parent, spouse, or child (under the age of 21 and unmarried) that is a current U.S. citizen or lawful permanent resident to qualify for relief. You must prove to the court that this family member will suffer “exceptional and extremely unusual hardship” if you are removed.
- You have “good moral character” - The immigration court will evaluate your criminal record and any other circumstances, such as purported drug or alcohol abuse, when deciding whether you meet this requirement.
- You prove that you deserve deportation relief - If a lawful permanent resident card is available, the judge handling your case has tremendous discretion in determining whether to extend relief. You will need to provide an exhaustive level of evidence and testimony that supports your case.
Understanding whether you qualify for cancellation of removal can be extremely confusing. When you first meet with our team, we can evaluate your situation and determine if pursuing cancellation of removal is likely to succeed. If not, our attorneys can help you explore other deportation defense options.