Minnesota Cancellation of Removal for Non-LPRs Attorney

Cancellation of Removal for Non-LPRs

Non-Legal Permanent Residents who have been placed in removal or deportation proceedings qualify to apply for Cancellation of Removal of non-LPRs.  An applicant must already be in removal proceedings to avoid the risk of being deported should they lose.  If you are not already in deportation or removal proceedings and feel that applying for Cancellation of Removal is the only option available to you to legalize your immigration status, it is best to consult an experienced immigration attorney.  Call our office at 952-361-5556 to discuss your case. An attorney will be ready to advise you.

Qualifications for Cancellation of Removal of Non-LPRs:

  1. They have been physically present in the U.S. for a continuous period of ten years prior to the institution of removal proceedings. (This requirement is not applicable if they have served a minimum of 24 months in the U.S. Armed Forces, were present in the U.S. during their enlistment or induction, and are either serving honorably or have received an honorable discharge.)“Continuous”means that the non-LPR cannot be out of the U.S. for more than 90 days at a time, or 180 days in the aggregate, during the ten-year period.
  2. They have been a person of good moral character for ten years;
  3. They are not inadmissible under §212(a)(2) or (3) (criminal and security grounds) or deportable under §237(a)(1)(G) (marriage fraud), (2) (criminal grounds), (3) (failure to register and falsification of documents) or (4) (security and related grounds).
  4. Their removal would result in exceptional and extremely unusual hardship to their spouse, parent, or child, who is a citizen of the United States or a lawful permanent resident.
  • It is important to take note that you must demonstrate that your qualifying relative would suffer a substantial amount of hardship beyond that which would normally be rendered well beyond that which is normally experienced in a majority of cases of removal from your removal if you are seeking to establish exceptional and extremely unusual hardship. The immigration judge will consider your qualifying relative’s age, health, length of residence, family and community ties within the United States as well as abroad.  Please also note that the Immigration Judge will not take into account hardship toward yourself when making their decision.  The Board of Immigration Appeals (BIA) has set relaxed or specialized rules for cancellation for non-LPRs that apply to battered spouses and children.  In a single fiscal year, only 4,000 applicants are granted cancellation of removal of non-LPRs and suspension of deportation under these conditions.

 Application for Cancellation of Removal Form EOIR-42A Requirements (for Immigration Judge):

  • Receipt of fee payment or written request for waiver of fee;
  • Original copy of application and supporting documentation;
  • One copy of Form G-325 (biographical information);
  • One copy of fingerprints FD-258, Fingerprint Card;
  • Certificate of Service (original).

Application for Suspension of Deportation, Form EOIR 42A Requirements (for DHS District Counsel)

  • Copy of receipt of fee payment or written request for waiver of fee;
  • Copy of application and supporting documentation;
  • Original copy of form G-325 (must include ALL carbon copies);
  • Original copy of fingerprints FD-258-, Fingerprint Card;
  • Copy of certificate of Service.

Schedule an Appointment

Whether you are already in removal proceedings or not, it is best to consult the advice of an experienced immigration attorney prior to submitting an application.  Call us at 952-361-5556 (or fill out the free case evaluation form below) to schedule your appointment today.

Start Your Immigration Case Evaluation

Fields marked with an * are required

Featured By