Cancellation of removal for Non-Legal Permanent Residents (Non-LPRs) is a form of discretionary relief, which would allow a person to remain in the United States despite his/her unlawful entry if he/she meets certain eligibility requirements.
To be eligible for this type of relief the alien must prove that:
(1) She/he has been physically present in the U.S. for a continuous period of not less than 10 years immediately preceding the date of such application;
(2) Has been a person of good moral character for 10 years;
(3) Has not committed a crime involving moral turpitude under the statues;
(4) Establishes that removal would result in exceptional and extremely unusual hardship to United States Citizen Child or Legal Permanent Resident spouse, parent, or child.
(5) That he/she warrants a favorable exercise of discretion;
(6) A person is also eligible to apply for Non-LPR cancellation of removal even if he/she obtained her Legal Permanent Status by Fraud or Mistake;
(7) This form of relief is also available to Legal Permanent Residents that are subject to removal proceedings.
The Immigration and Nationality Acts limit the number of people whose removal may be cancelled and who may adjust status to only 4,000 per fiscal year.
The criteria for establishing hardship to be eligible for this type of relief are very difficult. Generally, the age of the subject; family ties in the U.S. and abroad; length of residency in the U.S.; health and medical conditions; conditions in country of removal-economic and political; financial status-business and occupation; the possibility of other means of legalizing status; immigration history are among the factors that the courts consider.
The single most important factor that the courts consider in cases like this are separation from family.
If you have been placed in deportation proceedings in San Diego it is imperative to have an immigration attorney by your side to make sure your rights are protected.Immigration lawyer Omid Rejali, Esq. and his team have extensive experience in the field of immigration law and have helped countless people obtain relief in San Diego Immigration courts.
For a FREE and CONFIDENTIAL consultation about your deportation defense options call us today.