Cancellation of Removal for Nonpermanent Residents is relief available to apply for in Immigration Court for some noncitizens who lack permanent resident status but meet statutory requirements. Many immigrants have entered the United States on visitors visas, H1B visas or other temporary visas and have overstayed in the United States---they may be eligible for Cancellation of Removal for Nonpermanent Residents. Even noncitizens who have entered the United States without inspection and have remained in the United States for a certain number of years may be eligible for Cancellation of Removal for Nonpermanent Residents.
THE NONCITIZEN MUST BE ELIGIBLE FOR CANCELLATION OF REMOVAL FOR NONPERMANENT RESIDENTS
The requirements to successfully sustain Cancellation of Removal for Nonpermanent Residents is complicated and the noncitizen should seek legal counsel. In general, the requirements for Cancellation of Removal for Nonpermanent Residents have several prerequisites:
(1) Person in removal proceedings because he is inadmissible or deportable
(2) Applicant must have been physically present in the United States continuously for at least 10 years immediately preceding the date of application
(3) The applicant must be able to demonstrate that he or she has had good moral character for that entire period of time
(4) The applicant must have not committed certain enumerated offenses
(5) the applicant must be able to demonstrate that his removal would cause exceptional and extremely unusual hardship to a LPR or U.S. citizen spouse, child or parent.
Noncitizens should seek an attorney to navigate them through Cancellation of Removal for Nonpermanent Residents. The requirement of exceptional and extremely unusual hardship to a LPR, U.S. citizen spouse, child or parent often requires specificity and sometimes even expert opinions. Moreover, the prerequisite of "good moral character' to be eligible for cancellation of Removal for Nonpermanent Residents may be problematic for some noncitizens. Moreover, certain offenses automatically disqualify a person from establishing good moral character under the Cancellation of Removal for Nonpermanent Residents. The noncitizen should consult an attorney to address these issues.
THE NONCITIZEN SHOULD SEEK LEGAL COUNSEL TO OBTAIN CANCELLATION OF REMOVAL FOR NONPERMANANT RESIDENTS.
The United States has a cap for the number of Cancellation of Removals for Nonpermanant Residents. The cap has never been met. The reality is that people who apply for Cancellation of Removal for Nonpermanent Residents are sometimes denied. The noncitizen should put themselves in the best position to win with the Immigration Court. Attorney Charles Dawkins Jr. has experience in seeking Cancellation of Removal for Nonpermanant Residents.
Contact Charles Dawkins Jr. today at 908-962-9929 or online for a consultation regarding the Cancellation of Removal for Nonpermanent Residents.
The aforementioned article is for informational purposes and not intended for legal advice. Cancellation of Removal for Nonpermanent Residents is fact sensitive and many legal principles and statutes are involved in rendering effective legal counsel.