Cancellation of Removal for Non-LPR

Relief from Removal for Non-Lawful Permanent Residents

When non-lawful permanent residents (or non-LPRs) are subject to possible removal or deportation, it is usually because they were found to be living in the country illegally. In some cases, it is possible for the nonpermanent resident to qualify for a form of deportation relief called "cancellation of removal," which can even allow the foreign national to obtain a green card and become a permanent resident. Non-LPRs who may qualify for cancellation of removal are those who have been living in the U.S. for certain periods of time and who meet other special requirements, including hardship that would be caused to qualified relatives who are in the U.S.

Are you a nonpermanent resident who is at risk of being removed from the United States? If so, you should immediately consult with a Virginia immigration attorney from our law firm, Fayad Law, P.C. We can help you determine whether you meet the requirements for cancellation of removal and then assist you with each step of the application process. Because the decision is ultimately left up to the discretion of the immigration court, you will need to build a strong case as to why you should be permitted to stay in the U.S. We can help you to skillfully present your case before the immigration judge!

How to Qualify for Cancellation of Removal

There are two different sets of eligibility requirements for non-LPRs who are applying for cancellation of removal. Here is an overview of the standards that must be met under each option, according to information provided by the Executive Office for Immigration Review:

Option A:

  1. The non-LPR has been physically present in the U.S. continually for 10 years or more and has demonstrated good moral character during that time (as defined under the Immigration and Nationality Act, or INA);
  2. The non-LPR does not have any convictions for certain types of crimes (including "crimes involving moral turpitude"); and
  3. The non-LPR can prove that his or her removal would result in extremely unusual or exceptional hardship on a spouse, child or parent who is a U.S. citizen or lawful permanent resident, and that the non-LPR is deserving of deportation relief.

Option B:

  1. The non-LPR (or his or her child) is the victim of physical abuse or extreme cruelty that was carried out by a spouse or parent who is a U.S. citizen or permanent resident;
  2. The non-LPR has continuously been physically present in the U.S. for at least three years and has maintained good moral character during that time;
  3. The non-LPR has not been convicted of an aggravated felony and is not considered deportable due to other specified crimes;
  4. The non-LPR can prove that his or her removal would cause extreme hardship to his or her child (whose other parent is a permanent resident or U.S. citizen), or to the non-LPR's parent; and
  5. The non-LPR can prove that he or she is actually deserving of relief from removal.

In addition to these factors, there are also many others that need to be considered when it comes to eligibility for cancellation of removal for a non-LPR. Contact a Virginia immigration lawyer from Fayad Law for help protecting your future in the United States!