Cancellation of Removal for Non Permanent Residents

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Introduction to Cancellation

Cancellation of Removal

Cancellation of removal for Non Permanent Residents under INA §240A(b)(1) (“non-LPR cancellation of removal”)
is a critical defense to deportation available to certain noncitizens with family in the United States. A person who is granted non-LPR cancellation of removal receives a green card. Cancellation of removal for certain non permanent residents can only be applied for in Immigration Court. Cancellation is a “defensive” application, meaning that it is only available to someone facing removal in immigration court. This means that, unlike many other applications for a green card, or lawful permanent residence, a person cannot apply for cancellation of removal by affirmatively submitting an application to the U.S. Citizenship and Immigration Services (USCIS).

The eligibility requirements for non-LPR cancellation are distinct from other means of applying for a green card, and also from other types of cancellation of removal. It is imperative for immigration practitioners to be familiar with non-LPR cancellation, as it may be the only form of immigration relief available for many people in removal proceedings who entered the United States without inspection.

Requirements of Cancellation of Removal

Court Trial for Cancellation

A person qualifies for non-LPR cancellation of removal if she is in removal proceedings because she is inadmissible
or deportable and meets the following criteria. Each of these requirements will be discussed in more detail below:

  1. she has been physically present in the United States continuously for at least ten years;
  2. she has had good moral character for ten years;
  3. she has not been convicted of certain offenses; and
  4. to deport her would cause exceptional and extremely unusual hardship to her LPR or U.S. citizen spouse, child, or parent

Cancellation is NOT available to the following foreign nationals

Physical Presence

Under INA § 240A(c), non-LPR cancellation of removal is not available to the following people:
a. people who already have received cancellation of removal, suspension of deportation, or INA § 212(c)
b. people who persecuted others, or are inadmissible or deportable under the anti-terrorist grounds; and
c. crewmen who entered after June 30, 1964, and certain “J” visa exchange visitors.

Physical Presence Needed

Cancellation of removal for certain non permanent residents is not easy to obtain, but will result in residency if granted.

To meet the first requirement for non-LPR cancellation of removal, the applicant must show that she has ten years of continuous physical presence in the United States. This brings up two important questions. First, when does the ten-year period end (or, as it is sometimes described, what “stops the clock”)? Second, what effect do absences from the United States have?

Stopping the clock is a term of art which is very important if you are close to the 10 years needed to be eligible for the application of Cancellation of Removal. In fact, sometimes if you are only a few months away, we could request that Immigration ‘Repaper’ you so as to serve you with the NTA after the physical presence of 10 years has accrued.

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One of the most difficult items to prove in a Cancellation case would be showing extreme hardship to the child, spouse or parent. This cannot just be normal hardship associated with a normal deportation. It must be extreme hardship. Normally, severe medical issues are easier to fall into those categories. However, there are many reasons, but you sometimes have to get creative to try to prove the severe hardship.

If this is granted, it means you will get lawful permanent residency or the Green Card.

By Brian D. Lerner, Immigration Lawyer & Deportation Attorney

I am an Immigration Attorney I help with all US Immigration Law. Please see my profile at I have been a licensed attorney since 1992 and started the Law Offices of Brian D. Lerner, APC. My practice consists of Immigration and Nationality Law and everything involved with and regarding immigration and deportation and citizenship. Regarding Immigration Law, in 2000, I passed a rigorous examination and extensive experience requirements by the State Bar of California, Board of Legal Specialization. Iam now about 1 of only 150 Certified Specialists in Immigration and Nationality Law from a field of almost 200,000 attorneys. The Immigration Law part of the Law Offices of Brian D. Lerner, APC handles cases arising from business visas, work permits, Green Cards, non-immigrant visas, deportation, citizenship, appeals and all areas of immigration. The Law Offices of Brian D. Lerner, APC does EB-5 Investor Visas, H-1B Specialty Occupation, L-1 Intracompany Transferee, E-2 Treaty Investor, E-1 Treaty Trader, O-1 Extraordinary Ability among others. We also do K-1 Fiancee and K-3 Spouse Visas. Regarding immigrant visas for the Green Card, we do PERM and advanced degree PERM, Family Petitions, and Extraordinary Alien Petitions. In addition to affirmative petitions, we represent people in people in deportation and removal hearings, including political asylum, withholding of removal, and convention against torture cases. I received my B.S. Degree in Business Administration, with an emphasis on Computer Information Systems, from the University of Southern California. I graduated from the University of the Pacific, McGeorge School of Law with a Juris Doctorate degree. I have argued Petitions for Review and direct appeals all over the U.S. I am admitted to the United States Supreme Court, the California Supreme Court and the U.S. Courts of Appeals for the 1st - 11th Circuits. Please send me a note with your questions and I will be happy to help. The Law Offices of Brian D. Lerner, APC helps people from all over California, the United States and the world. Specialties:Immigration Attorney, Certified Specialist in Immigration and Nationality Law Our national deportation law firm will help with any removal case anywhere in the U.S. Our deportation attorneys have been providing deportation defense for nearly 30 years. Our immigration attorneys will appear with you in all immigration court appearances. Of course this will include the initial or master calendar hearing. Laws and regulations are changing all the time. Winning a deportation hearing takes years of experience. There are multiple grounds on what makes you removable from the U.S. If you are in immigration detention, our national immigration law firm can prepare and argue a motion for bond redetermination to get you out. We can also argue and submit during trial all the necessary evidence to try to win a cancellation of removal case. Even if you lose in immigration court, we can try to appeal the case to the board of immigration appeals.

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