Cancellation of Removal for Non-LPR

Cancellation of Removal for Non-Permanent Residents (Individuals that do not have a green card)

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 created the provision for cancellation of removal. Cancellation of removal is a form of relief for Non-Permanent Residents that have been living in the United States for a period of not less than 10 years immediately preceding the date of application for such relief.

The requirements for Cancellation of Removal for Non-LPR:

·         10 years of physical presence immediately preceding the date of application;

·         must have been a person of good moral character during 10-year period

·         must demonstrate exceptional and extremely unusual hardship to the United States citizen or LPR spouse, parent, or child of applicant;

·         no conviction of an offense as described in §§ 212(a)(2), 237(a)(2), or 237(a)(3).

Bars to Cancellation of Removal for Non-LPR:

·         habitual drunkards;

·         prostitutes or individuals involved in commercialized vice;

·         individuals who have been convicted of crimes involving moral turpitude;

·         individuals with multiple crime convictions;

·         individuals who have been convicted of crimes related to controlled substances;

·         drug traffickers;

·         smugglers;

·         individuals who have been previously removed (INA § 212(a)(9)(A));

·         individuals whose income is derived principally from illegal gambling, and individuals who have been convicted of 2 or more gambling offenses;

·         individuals who have given false statements to obtain an immigration benefit;

·         individuals who have been convicted of an aggravated felony;

·         individuals inadmissible or deportable as security threats;

·         individuals who entered the United States as crewmen after July 30, 1964;

·         individuals who have been persecutors as defined at INA  § 241(b)(3)(B)(i);

·         individuals whose removal has previously been cancelled under INA §§ 240A(a) or (b), or who have been granted suspension of deportation under INA  § 244 or relief under INA § 212(c), as these sections were in effect prior to IIRAIRA.

The Madalon Law Firm can help in preparing an application for cancellation of removal and represent you in Immigration Court. Miami immigration lawyer Joseph Madalon has a high level of experience in representing individual in removal proceedings. The Madalon Law Firm is nationally and internationally recognized providing aggressive representation in all aspects of immigration and nationality law. Call South Florida immigration lawyer today for a free consultation. You can also email your question to Sunny Isles Immigration lawyer. We represent clients all over the United States.