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Cancellation of Removal for Non-Permanent Residents

Cancellation of Removal for Non-Permanent Residents

If you have a green card, you can remain in the United States to work and live in the country indefinitely. If you are a non-permanent resident, however, you are subject to removal proceedings if you’re in the country unlawfully.

If you’re in the United States without permanent resident status and are facing removal, you may be able to cancel removal and apply for a green card in specific situations. A relief known as cancellation of removal for non-permanent residents is available for those who have been in the country for a long time and wish to apply for a green card. To apply, you must:

  • Have been in the country for more than 10 years
  • Have an open case in Immigration Court before an Immigration Judge involving your removal or deportation
  • Not yet have a final order in your case
  • Have not been convicted with offenses which would make you deportable or not admissible to the United States
  • Have a spouse, child or parent who is a U.S. citizen or permanent resident and who would suffer “exceptional and extremely unusual hardship” if you were removed
  • You have shown good moral character for the entire ten years or more you have remained in the US

You can apply even if you entered the United States without inspection and have been in the country unlawfully. Even if there is a final order in your case from an Immigration Judge requesting you to be removed or deported, you may apply for a motion to reopen your case — if that motion is granted you can seek cancellation of removal.

While this form of relief is possible, it’s not easy to obtain. In fact, only a limited number of cases are granted cancellation of removal. This form of relief is known as “discretionary,” meaning an Immigration Judge can deny a request for cancellation of removal, even if an individual proves they meet all the requirements for such relief. Many such cases, for example, are denied because an applicant can’t prove their removal would cause “exceptional and extremely unusual hardship” for their immediate U.S. family members, beyond the usual hardships expected from such an event.

When to Contact an Attorney

If you’ve received a court date to appear before an Immigration Court and feel you may be eligible for cancellation of removal, it’s very important to contact an Austin, Texas, cancellation of removal attorney as soon as possible. The more time your immigration attorney for removal has to review and work on your case, the better. If you wait until the last minute or until a final removal order has been made, your options may be more limited.

If you’re in Austin, Texas, and are looking for an attorney for cancellation of removal, contact Morales & Sparks. Our team focuses on immigration matters and has already helped many individuals and families obtain legal status in the United States. We treat each client as if they were part of our family, and we always act in our clients’ best interests, taking care to keep them informed of the status of their case. If you’re facing removal, contact the Morales & Sparks offices for a confidential consultation.

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