Cancellation of Removal for Non-Permanent Residents

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.

 

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