Cancellation of Removal For Non-Permanent Resident Aliens
Cancellation of removal, otherwise referred to as suspension of deportation, is often used as a remedy for someone who is facing removal proceedings in immigration court. Prior to 1996, immigration law referred to this area as “suspension of deportation.” The government would suspend someone’s deportation if he or she were living in the United States for seven years of continuous physical presence, were a person of good moral character, and prove that their deportation would cause extreme hardship to their United States citizen or lawful permanent resident spouse, parent, or child. If the government approved the individual’s application, the person would immediately become a lawful permanent resident as of the date of the approval.CANCELLATION OF REMOVAL FOR NON- PERMANENT RESIDENTS – PROCEDURE
You can only apply for cancellation of removal for lawful permanent residents with the immigration court. This means that the person applying is in removal proceedings. You will have to file Form 42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents and serve a copy of the application on the United States Immigration and Customs Enforcement’s (ICE) Office of Chief Counsel (OCC).CANCELLATION OF REMOVAL FOR NON-PERMANENT RESIDENTS – ELIGIBILITY
To be eligible for cancellation of removal for non-permanent residents, you must:
- Have continuously resided in the United States for a minimum of 10 years before the start of your removal proceedings;
- Be a person of good moral character;
- Prove that your deportation from the United States will result in exceptional and extremely unusual hardship to your spouse, parent, or child who is a United States citizen or lawful permanent resident.
If you win your cancellation of removal case you are entitled to numerous benefits, including but not limited to:
- A green card;
- The right to live and work in the United States without needing an employment authorization card;
- Eligibility for need-based government assistance such as welfare, Medicaid and food stamps, and Supplemental Security Income if you are disabled; and
- Social Security card
Cancellation of removal for nonpermanent residents cases are difficult to win because there are only 3,500 cancellation of removal for nonpermanent residents cases that can be approved in a given year. This means that the attorney you choose to hire for your case needs to be someone who has experience in working and winning these types of cases. Our law office will take the time to carefully study and understand your case to make sure that you meet all of the requirements for cancellation of removal before taking on your case. Our priority is to win your case and allow you to remain in the United States with your family and loved ones.
Our Firm understands how to craft your application and submission in a way that will present your case in the best possible light to get it approved. This means that we will be by your side to help you gather all of the documents and evidence we need to win your case.
Cancellation of removal cases often come down to whether or not the immigration judge feels you deserve to be granted your application. Our law firm has the experience to prepare you and your case in a way that can win. Cancellation of removal for nonpermanent residents cases are typically complicated when the applicant has a criminal history or cannot prove exceptional and extremely unusual hardship to their children or family that are United States citizens or lawful permanent residents. Fortunately, our law firm is equipped to work with you to defeat these problems and help you win your case. Applicants should also be ready to prove that they have been living in the United States for at least 10 years.
You need and deserve a law firm and an attorney who will stand by your side through the cancellation of removal process and defend your right to be in the United States with undying passion. We want to have the honor of representing you. Please contact The Law Office of Armand Jawanmardi for a free consultation on what you can expect when applying for cancellation of removal and what we can do for you at 713-999-9115. We are always available 24 hours a day, 7 days a week to answer your questions.