Immigration lawyers at Kosacci Law Firm, P.C. have a lot of experience dealing with the cancellation of removal of nonpermanent residents. As with cancellation of removal of permanent residents, there are certain requirements that must be met in order to be granted cancellation of removal of non permanent residents. These requirements are as follows:
- the alien has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;
- the alien has been a person of good moral character during such period;
- the alien has not been convicted of certain enumerated offenses that are grounds for inadmissibility and/or deportation;
- the alien establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a United States citizen or lawful permanent resident.
In order to establish “exceptional and extremely unusual hardship,” the applicant for cancellation of removal of a non permanent resident must demonstrate that the persons close relatives would suffer hardship that substantially exceeds the ordinary consequences to be expected to result from the alien’s deportation, but need not show that such hardship would be “unconscionable”.
After you go through this process and your application is accepted, you then become a permanent resident. When this is done you may apply for an adjustment of status. Just like for permanent residence, if approved, the applicant becomes a lawful permanent resident. This now means that you are free to stay in the United States as long as you don’t do anything that is prohibited by law.
If you feel that you or someone you know may be eligible to apply for cancellation of removal, Law Firm Kosacci, P.C. can help you through the process. Please feel free to contact us for this or any of your immigration questions.