Living in the United States as a non-lawful permanent resident is a great benefit for those who have spent years waiting to obtain their legal status. Unfortunately, if you fall under one of the reasons why a deportation order would be issued against you, your time in the US could be cut short. However, you may be eligible for cancellation of removal if you meet certain requirements.
To learn more about cancellation of removal for non-lawful permanent residents in Doraville, get in touch with a skilled attorney today.
What are the Requirements for Cancellation of Removal for Non-Lawful Permanent Residents?
In order to be eligible for cancellation of removal as a non-lawful permanent resident, the applicant must have been in the United States for at least 10 continuous years, starting from the moment the deportation case begins. They are also required to not have been convicted of specific offenses that would disqualify them for cancellation of removal. They would also be eligible if their deportation result in exceptional and extremely unusual hardship to a US citizen or lawful permanent resident spouse, child, or parents. Lastly, they most also have shown good moral character while in the US for the last 10 years.
Proving Good Moral Character and Unusual Hardship in the Event of a Removal
One of the first things a judge would look at when analyzing a person’s good moral character is whether they paid their taxes, they have been charged and/or convicted of a crime, and whether other people are willing to testify on their behalf that the person in question does have good moral character. If a person can demonstrate these factors, this would cause the judge to believe that they do have good moral character within their place of living.
Why is it Difficult to Prove Unusual Hardship?
Not only is there a limited number of cancellation of removal cases that immigration judges are able to approve, there is no concrete strategy for proving a hardship standard. In addition, the judge must take into consideration a totality of circumstances for every qualifying relative on your application. Though family members are most likely to suffer some type of hardship, whether it through the separation between two spouses, the loss of educational opportunities, or the loss of access to health care, these situations alone are not sufficient to prove the hardship standard.
Medical illnesses are some of the most common ways that a person could prove hardship. If a qualifying family member is suffering from an illness, requiring the applicant to remain in the US, they could provide letters and statements from medical providers explaining the diagnosis of the applicant’s family member and their treatment. If a person’s family members do not have any medical illnesses, they could also consider obtaining a psychological evaluation to support a claim of emotional hardship.
Speak with a Knowledgeable Attorney Today
For help with applying for cancellation of removal for non-lawful permanent residents in Doraville, get in touch with one of our trusted immigration lawyers. An attorney could review the reasons for your removal and whether you are eligible for cancellation of removal. If part of the reason you qualify is regarding a situation of unusual emotional hardship in the event of your removal, an attorney could help you prove the extent of this hardship before a judge. To begin discussing the details of your case, get in touch with our law offices today.