CANCELLATION OF REMOVAL ATTORNEY IN HEMPSTEAD
Defense of Removal
Only people who are facing deportation have the option of canceling their removal. When someone is under removal proceedings, the Department of Homeland Security is attempting to deport them. Individuals whose cases are not before an immigration judge are not eligible for this benefit. Because the judge’s discretion is involved, it is vital to speak with a cancellation of removal attorney to understand more about the process.
Providing as much proof as possible to prove that you match the fundamental standards and also “deserve” the benefits of cancellation is an important aspect of persuading the judge.
Meeting the ten-year residency requirement in the United States
To be eligible for non-LPR cancellation, you must be able to demonstrate that you have been physically present for 10 years before the date of your application. (There is an exemption if you have served in the US armed forces for two years, in which case those two years are sufficient to meet the time criteria for non-LPR cancellation.)
The ten-year “clock” begins on the date of your arrival. When you obtain a Notice to Appear in Immigration Court, commit certain types of crimes, or leave the United States for more than 90 days or several absences totaling more than 180 days, the clock stops. Other options for stopping the clock include departing the United States under a “voluntary departure order.”
It may be sufficient to establish ten years of residence by testimony and written declarations from you and other persons who know you. However, you should certainly offer documentary evidence of your U.S. domicile to the court if you have it, such as rent receipts, credit card bills, pay stubs, and so on.
The “Qualifying Relative” Requirement must be met.
The undocumented immigrant must have a relative who is his or her “spouse, parent, or child” and “is a citizen of the United States or an alien lawfully admitted for permanent residence” to qualify for cancellation. Section 240A(b)(1) of the Immigration and Nationality Act (I.N.A.) explains this (D).
Meeting the “Extraordinary and Unusual Hardship” Requirement
Every expulsion (removal) brings hardship. However, the relative’s hardship must be “severe and exceedingly unique” to qualify for non-LPR cancellation. It’s crucial to understand the difference between “difficulty” and “extraordinary and exceedingly rare.”
It is not enough to show that a U.S. citizen or LPR relative would suffer financially, emotionally, or physically to be accepted for non-LPR cancellation. Instead, proof must be provided that the qualifying relative would suffer to an extent that is greater than that which might be expected when a close relative is deported.
Evidence of a serious disease in a minor child and a lack of medical attention in the undocumented immigrant’s native country, for example, may suffice. Evidence of a long history of living in the United States, children who do not understand the language of the country to which you would be deported, and a lack of support in your native country may also be sufficient.
Meeting the Requirement of “Good Moral Character”
If the applicant does not have “excellent moral character,” an immigration judge will deny the application for non-LPR cancellation. If the law expressly states that the applicant cannot have good moral character (for example, because he or she is a “habitual drunkard”), or if the judge determines that there are other “discretionary factors” indicating that the applicant is not a “good person,” the judge will rule that the applicant does not have good moral character.
There are numerous legal reasons for a judge to conclude that a non-LPR cancellation applicant lacks good moral character.