Understanding the Basics of Non-LPR Cancellation of Removal

If you are not a citizen of the United States, and do not have authority to remain in the country, you may find yourself faced with deportation. In that case, you may be eligible for relief from removal through a process called “cancellation of removal.” With our help, filing for cancellation of removal may help you stay in the U.S., and obtain lawful permanent resident status. Here’s more information about non-LPR cancellation of removal, what it does, and who it can help.

What Is a Non-LPR Cancellation of Removal?

Cancellation of removal is a form of relief from deportation or removal. This relief is only available to individuals in removal proceedings before the immigration court. Foreign nationals who have not been served with a notice to appear in immigration court, or do not have a scheduled date to appear before an immigration judge, cannot file for cancellation of removal.

Individuals who appeared in immigration court, and have a final order of removal or deportation, cannot file for cancellation of removal unless their cases are reopened with the court. Filing a motion to reopen with the court is complicated and will require the assistance of an experienced immigration attorney to convince an immigration judge as to why your case should be reopened.

Cancellation of removal is a discretionary form of relief. Simply meeting eligibility requirements does not mean cancellation of removal will be granted. Therefore, even if you meet all requirements for this relief, an immigration judge may still deny you relief in the exercise of discretion.

What Does a Non-LPR Cancellation of Removal Do?

Non-LPR cancellation of removal stops your removal or deportation, allows you to remain in the United States, and obtain lawful permanent residency (a green card).

What are the Requirements to File for Non-LPR Cancellation of Removal?

A foreign national facing removal, who is in proceedings before the immigration court, and fits the criteria for cancellation of removal, may be a good candidate for this relief. To apply, the non-LPR foreign national must prove that:

  1. He/she has been continuously physically present in the U.S. for at least 10 years prior to the date of filing of the application;
  2. He/she has been a person of good moral character during the 10 years;
  3. He/she has not been convicted of any crimes that would make render him/her inadmissible or deportable; and
  4. That their deportation would cause “exceptional and extremely unusual hardship” to his/her lawful permanent resident or U.S. citizen spouse, child, or parent.

Once again, it’s important to keep in mind that, that as even if you prove all four of these factors, a grant of cancellation of removal is at the presiding judge’s discretion; and that simply meeting the eligibility requirements does not guarantee you a grant of the requested relief.

Contact Your Lawyer

If you’re facing deportation, you need a qualified Florida immigration lawyers help. Contact Sánchez-Roig Law at 305-373-5385. Our lawyers can answer your questions, and offer the best possible advice to help you stay in the United States.