Who qualifies for cancellation of removal of deportation and how can a Green Card Be Obtained through this immigration Process?
A foreigner in the US nonpermanent resident alien may apply for cancellation of removal/deportation [1] and obtain their Green Card or residency [2], if they meet the following requirements:
- First, the person must demonstrate that they have been in the U.S. for at least 10ten years.
- Secondly, the person must beat they are of good moral character and have not have been convicted of specified criminal offenses.
- And finally, the persons at their removal from the U.S. would result in exceptional and extremely unusual hardship to a spouse, parent or child who is a legal permanent resident or U.S. citizen.
This last requirement is generally the toughest one to prove. Simply stating that the US citizen or Resident spouse, parent or child, would suffer difficult economic challenges if the alien was deported from the US is not enough to meet the standard of “exceptional and extremely unusual hardship”.
An exceptional and extremely unusual hardship is a hardship substantially beyond that which would ordinarily result from the foreigner’s removal. This means that economic challenges would have to be coupled with other family difficulties such as illnesses, emotional or psychological issues (like such as depression or an, anxiety disorder, etc.), other difficulties such as learning disabilities and developmental conditions (for example, ADHD or and dyslexia), or and any other special circumstances.
Proper gathering and preparation of the evidence to be presented in these cases is key to their success and is an area where the applicants have a great amount of influence on their case. It is crucial that the family members follow the prescribed medical treatment and therapy as well as obtain the related records and provide them to their attorney in a timely manner.
The importance of obtaining complete and relevant records that prove eligibility, whether they be medical, therapy or school records (which also means that the required medical treatment and therapy needs to be followed), and submitting these records on a timely basis to the attorneys handling the case is crucial and cannot be emphasized enough for the success of the case.
Considerations before starting the application process
In terms of the process, a person must already be in removal proceedings to be eligible to apply for cancellation of removal/deportation. If not currently in removal proceedings, one can request that the U.S. Immigration Service initiate a case before serve him or her with a Notice to Appear and then transfer the case to the Immigration Court.
The first stage in the process is to prepare and file the necessary forms; the EOIR 42 B, with the supporting documentation.
Second, prepare the testimony and appear at hearings to present the evidence of hardship.
The third and final stage is the one in which the Immigration Judge decides whether or not to grant the legal permanent residency status.
These cases are very complex and if denied they may result in deportation.
For this reason, it is highly recommended advisable that an immigration attorney experienced with cancellation matters carefully review of the merits of your case, to make sure that you have a strong case, before making the decision to file for cancellation of removal (read FAQ [3]).
Our Boston immigration law firm [4] has been very successful with these types of cases and we will be glad to meet with you if you are in the Massachusetts or New England area and would like to obtain legal representation. Call now to make an appointment at: (617) 303-2600.