Non-Permanent cancellation is an extreme form of relief for those who have lived in the U.S. for ten years or more, but never had lawful permanent resident status.
Applicants who entered with or without a visa may be able to file if they are being charged with deportation in removal proceedings. What are the minimum requirements?
1. An applicant must be found to have violated the immigration laws.
2. An applicant must be in removal proceedings in immigration court.
3. An applicant must be able to prove that they have continuously resided in the U.S. for more than ten years.
4. The ten year period stops when the charging document, known as a notice to appear, is issued.
5. An applicant must have a U.S. Citizen or lawful permanent resident spouse, parent or child.
6. The applicant's U.S. Citizen or lawful permanent resident spouse, parent or child must prove to the satisfaction of an immigration judge that they will suffer exceptional and extremely unusual hardship if the applicant is deported from the U.S.
7. The applicant cannot have a criminal conviction that disqualifies them from cancellation.
The above list are not complete. There may be other facts that can create challenges to filing for non-permanent resident cancellation of removal.
There are also many administrative and legal cases that help clarify who qualifies. An experienced immigration attorney can discuss those decisions to help decide whether this form of relief is an appropriate application to pursue.
In many situations, where a person is referred to immigration court, there may be no other choice but to file an application for cancellation of removal, where there is a family member who will suffer.
It is important to know what documentation and evidence will best prove that a spouse, parent, or child will suffer enough to arguably and reasonably prove exceptional and extremely unusual hardship. These are legal decisions and if the applicant will have a difficult time, then it is best to spend enough time to document and prepare for the case.
This may mean that in cases with less evidence, enough efforts should be undertaken to seek professional witnesses or explore conditions that have yet to be documented.
Fees are based upon the amount of time that an attorney thinks that he or she needs to work on a case. If a fee seems too low, then you may want to find out what the attorney will do and seek a second opinion.
Our office has represented applicants since 1993 with suspension or cancellation of removal cases.
I strongly recommend that those with such situations find an experienced immigration who can properly spend enough time to counsel such an applicant and his family through this application process.
The above is general information and does not create an attorney client relationship.