1. What is Cancellation of Removal for Non-Permanent Residents?

Cancellation of Removal for Non-Permanent Residents is a form of immigration relief available to immigrants facing removal from the United States. It allows certain non-permanent residents to apply for permanent residence in the United States without leaving the country. To qualify, an individual must show that they have been physically present in the United States for at least ten years, have good moral character during that time, and that their removal would cause an extreme and unusual hardship to their U.S. citizen or legal permanent resident spouse, parent, or child.

2. Who is eligible for Cancellation of Removal for Non-Permanent Residents?

Cancellation of Removal for Non-Permanent Residents is a form of relief from deportation available to certain non-permanent residents living in the United States. Generally, to be eligible for cancellation of removal an individual must have lived continuously in the United States for at least ten years since he/she entered and must prove that deportation would cause extreme hardship to the individual or his/her family. Additionally, the individual must not have been convicted of any aggravated felony or certain other criminal offenses.

3. How long do you have to live in the U.S. to be eligible for Cancellation of Removal?

To be eligible for Cancellation of Removal, a non-permanent resident must have lived in the United States for a continuous period of at least ten years prior to applying for cancellation.

4. What are the criteria for approval of Cancellation of Removal?

In order to be approved for Cancellation of Removal, applicants must meet the following criteria:

1. The applicant must have been physically present in the United States for a continuous period of at least ten years before filing.

2. The applicant must not have been convicted of any aggravated felony or certain criminal offenses.

3. The applicant must demonstrate that their removal would cause exceptional and extremely unusual hardship to their U.S. citizen or lawful permanent resident spouse, parent, or child.

4. The applicant must demonstrate good moral character for at least ten years before filing and up until the conclusion of the proceedings.

5. What form is used to apply for Cancellation of Removal?

The form used to apply for Cancellation of Removal is Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal.

6. How much does it cost to apply for Cancellation of Removal?

It costs $100 to file Form EOIR-42A for Cancellation of Removal.

7. How long does it take to receive a decision on a Cancellation of Removal application?

The timeline for receiving a decision on a Cancellation of Removal application depends on the backlog of applications being processed by the United States Citizenship and Immigration Services (USCIS). Generally, it can take up to 6 months or longer for USCIS to process a Cancellation of Removal application.

8. What happens after a successful Cancellation of Removal application?

After a successful Cancellation of Removal application, the applicant will receive lawful permanent residence in the United States. This means that they will be granted a Green Card, which allows them to live and work permanently in the country. In some cases, applicants may also be eligible for a travel document so that they can travel outside of the United States.

9. Are there any special circumstances that can affect eligibility for Cancellation of Removal?

Yes, there are several special circumstances that can affect a person’s eligibility for Cancellation of Removal, including: being the spouse or child of a U.S. citizen or permanent resident, being a victim of domestic violence, being a veteran who served honorably, and having a long-term presence in the United States. Additionally, having certain criminal convictions or being inadmissible to the United States can disqualify someone from the program.

10. Can an applicant for Cancellation of Removal be denied due to criminal history?

Yes, an applicant for Cancellation of Removal can be denied due to criminal history. An applicant must meet certain eligibility criteria and must not have been convicted of certain crimes or committed certain acts that make them inadmissible or deportable.

11. What factors does the judge consider when deciding whether to grant a Cancellation of Removal application?

The judge will consider the length of time the applicant has resided in the US, their character and family ties in the US, any hardships that would be caused by deportation, and any other equities in the case that the judge deems relevant.

12. Is there any way to expedite the processing of a Cancellation of Removal application?

No, there is no way to expedite the processing of a Cancellation of Removal application. The timeline for these applications is largely dependent on the workload of the particular immigration court in which the application was filed. It can take several months or even years for such applications to be processed.

13. What are the consequences if a judge denies a Cancellation of Removal application?

If a judge denies a Cancellation of Removal application, the applicant may be deported from the United States and barred from re-entering for a period of time. Additionally, the applicant may be subjected to additional fines and fees.

14. What type of relief is available if an applicant has been denied Cancellation of Removal?

If an applicant has been denied Cancellation of Removal, they may be eligible for relief under the Convention Against Torture (CAT). CAT is designed to prevent the extradition or deportation of individuals to countries where they may face torture. Additionally, applicants may be eligible for Temporary Protected Status (TPS), which provides temporary protection from deportation and work authorization for individuals who cannot return to their homelands due to civil unrest or other extraordinary conditions.

15. Are family members affected by a successful or unsuccessful Cancellation of Removal application?

Yes, family members may be affected by the outcome of a successful or unsuccessful Cancellation of Removal application. If the application is successful, then the family members who are eligible to apply for lawful permanent residence may be able to do so. If the application is rejected, then all family members may be subject to removal from the United States.

16. Are there any restrictions on employment or travel once an applicant has been granted Cancellation of Removal?

Yes. A person granted Cancellation of Removal is not eligible for certain government benefits or assistance, including Supplemental Security Income (SSI), Medicaid, and Federal Public Housing Assistance (FPHA). Additionally, travel outside the United States is restricted for a period of time after receiving Cancellation of Removal. If the person wishes to travel abroad, they must apply for advance permission from USCIS before doing so. This permission is known as Advance Parole.

17. Can an applicant appeal the decision on a Cancellation of Removal application?

Yes, an applicant can appeal the decision on a Cancellation of Removal application. The appeal must be submitted to the Board of Immigration Appeals.

18. Are there any waivers or exceptions available to applicants for Cancellation of Removal?

Yes. There are several waivers and exceptions available to applicants for Cancellation of Removal, including hardship waivers and exceptions based on lengthy periods of presence in the United States, continuous residence for at least 10 years, and/or family ties. Additionally, some applicants may qualify for a waiver of the continuous residence requirement if they can demonstrate that exceptional and extremely unusual hardship would occur if they were removed.

19. How long does a person remain in the United States once they are granted Cancellation of Removal?

Once an individual has been granted Cancellation of Removal, they can remain in the United States indefinitely, as long as they comply with the conditions of their status, unless their status is terminated or revoked.

20. Is a person granted Cancellation of Removal eligible to apply for U.S. citizenship?

No, a person granted Cancellation of Removal is not eligible to apply for U.S. citizenship. However, once the person has been granted Legal Permanent Resident (LPR) status, they may be eligible to apply for citizenship after holding that status for five years.