Cancellation of Removal:
This relief is available to Permanent Resident and Non-permanent resident.
Individuals who are in a removal proceeding as a result of their being inadmissible or removable can generally be eligible for a relief of cancellation of removal provided:
1. They have been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application as long as events (service of NTA or crime) had not occured under the the stop time rule.
2. They have been persons of good moral character for 10 years.
3. They have not been convicted of an offense that would render them statutorily ineligible.
4. They establish that removal would result in exceptional and extremely unusual hardship to their spouse, parent, or child who is a USC or LPR.
Following persons would not be eligible if:
1. Entered as a crewman subsequent to June 30, 1964.
2. Was admitted on J visa to receive graduate medical training whether or not she received a waiver or was on J with 2-year residency requirement and never fulfilled the requirement or received a waiver.
3. Inadmissible under security grounds.
4. Persecuted others.
5. Previously received the suspension or cancellation of removal.
6. Received NTA or committed offense prior to the 10 year physical presence requirement was reached.
An application for this relief cannot be affirmatively filed before being placed in a removal proceeding. An applicant can seek this relief before an Immigration Judge.
An experience Immigration Attorney’s professional help is strongly recommended for those who are eligible for this relief.