If you find yourself in removal proceedings, you may need to apply for cancellation of removal for non-LPR immigrants. This is a type of removal defense for foreigners that are not legal permanent residents. Although contrary to popular belief, non-lawful permanent residents can still apply for cancellation of removal if they are facing deportation proceedings. The law understands the hardship that deportation has on individuals and their families, so they try to give non-LPR immigrants the opportunity to have their removal canceled. However, the application process is not easy and would require the help of someone who has experience dealing with cancellation of removal for non-LPR immigrants in Aurora. We can help you improve your chances of success, be sure to schedule a consultation today.
Eligibility Requirements for Non-LPR Immigrants in Aurora
There are several requirements that non-LPR immigrants must meet to be eligible for cancellation of removal. One of these requirements includes being physically present in the United States for a continuous period of not less than ten years prior to applying. This “time clock” of continuous residence begins the moment a person lives in the United States and ends in one of two ways. First, continuous residence ends when the foreigner has been served with a Notice to Appear. Second, the continuous residence may also be cut off when the foreigner commits a crime that makes him or her inadmissible or removable.
It is also required for non-LPR immigrants to maintain a good moral character for ten years. This means that a person must not have been convicted of a criminal offense within those 10 years.
Lastly, a person must be able to show that, in the event that they are removed, there would be an exceptional and extreme hardship to their U.S. citizen or Legal Permanent Resident spouse, parent, or child. Family separation and economic hardship are some examples considered in meeting this standard. A judge may also take into account the actual age of the US citizen/LPR family member, family ties in the United States, and link to other residents in the United States. Separation of the family could potentially be one of the most significant factors a judge would look at.
Difficulty of Applying for Cancellation of Removal as a Non-Permanent Resident
The requirements for cancellation of removal for a non-permanent resident are more onerous than meeting the requirements for cancellation of removal of a legal permanent resident.
Legal permanent residents do not have to show the standard of good moral character that a non-permanent resident does in his or her application. Instead, they would need to convince the immigration judge should use his or her discretion in favor of the Legal Permanent Resident.
Additionally, legal permanent residents do not need to demonstrate ten years of continuous residence. Instead, a legal permanent resident need only show a shorter period of seven years of continuous residence. So long as the lawful resident has not been convicted of any aggravated felony and they can show five years in legal permanent resident, they would not have to worry about proving good moral character or showing 10 years of continuous residence.
Application Process for Non-Permanent Resident Cancellation of Removal
Non-LPR immigrants would be using Form EOIR-42B to file their application. They would need to file this document with both the immigration court and with US Citizenship and Immigration Services. Once that has been filed, then the immigration judge assigns him or her an individual court hearing. It is not uncommon that an applicant not in immigration custody may wait a number of years for his or her final hearing.
Importance of Consulting with an Attorney
It is vital to consult with an attorney before deciding to apply for cancellation of removal, especially if you are a non-LPR resident. This is because the requirements for non-LPR residents are substantially much more difficult to meet and applicants only get one shot at making sure their application is approved.
To learn more about the eligibility requirements for cancellation of removal for non-LPR immigrants, be sure to reach out to an experienced attorney today.