For some people, 10-Year Cancellation of Removal may provide a way to ask an immigration judge to cancel removal and adjust their status. While meeting the basic requirements does not guarantee the case will be approved, it does mean the case is more likely to be approved.
Knowing what the typical issues are can help you to gather better evidence and prevent unnecessary complications.
1. Assuming Ten Years Alone Is Enough
A major error in understanding about 10-Year Cancellation of Removal is the assumption that having lived in the United States for 10 years will automatically make you eligible. The law does not require physical presence.
That’s why eligibility for cancellation of removal should be carefully examined. The specific time of entry, presence, Notice to Appear, traveling outside the country and other events may be important.
2. Losing Track of Your Ten-Year Timeline
You need to have your immigration history well documented. As currently directed by EOIR, it is possible to achieve continuous physical presence through extended absences from the United States, and it also may be interrupted by the service of a Notice to Appear or by certain qualifying offenses.
Collect passports, school records, employment records, leases, medical records, tax records, bills, bank statements and other documents that can provide information to determine where and when you lived.
3. Treating the Hardship Requirement Like a Normal Hardship Claim
One of the most challenging requirements with respect to 10-Year Cancellation of Removal is the hardship requirement. What may be required is an exceptional emotional or financial need. The hardships the qualifying relative must endure are usually significantly more than would normally be likely to be experienced by loss of a family member.
Your evidence should tell the court why the separation of the qualifying relative is particularly difficult and not merely explain how separation would be difficult.
4. Filing an Incomplete or Inaccurate Application
The application for cancellation of removal is not something to complete casually. For some nonpermanent residents, they may file cancellation of removal and adjustment of status applications on Form EOIR-42B, and EOIR gives instructions to applicants to respond to the questions completely and honestly.
Incomplete details, misspellings, inconsistent dates, unsupported claims or wrong answers can pose issues. Read the application through and ensure supporting documents are presented in a logical manner that the immigration judge can understand.
5. Ignoring Criminal or Immigration History
In cancellation of removal cases a criminal record can have a significant impact. Some beliefs may preclude eligibility and other behavior may influence the discretionary portion of the decision. EOIR specifically lists specific crimes in the immigration statutes which it considers to be disqualifications for non-LPR cancellation.
This is also why it is important to provide your complete immigration and criminal history to your attorney. Excluding an arrest, conviction for an important event, prior immigration filing can lead to greater problems down the road.
6. Confusing Non-LPR Cancellation With Other Forms of Relief
The cancellation of removal can come in various types. Cancellation of removal for non-permanent residents by INA § 240A(b) differs from cancellation for LPRs. One should not take it for granted that the needs of one type of category are the same for another.
For instance, the research of cancellation of removal for residents and nonresidents should start with identifying the category. If a person already has a legal permanent resident status, they may have a different criteria than a person seeking under the non-LPR rules.
7. Waiting Until the Last Minute to Prepare Evidence
Leaving it to the last minute can make a tough case even tougher. 10-Year Cancellation of Removal applications frequently rely on years of documentation and extensive evidence of family issues, hardship, character, immigration history and more.
Evidence can range from birth certificates, proof of relationship, medical records, financial proof, school record, work history, tax records, photographs, affidavits and police clearance letters.
What Are the 42B Requirements?
The basic 42B requirements for non-LPR cancellation are: 10 years of continuous physical presence in the United States, good moral character during that time, no conviction for certain offenses, and exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident relative. The immigration judge will also have to issue the applicant relief for his or her own discretion.
Upon approval, the applicant will be granted a legal permanent resident status.
Can 10-Year Cancellation of Removal Help You Avoid Deportation?
Qualifying individuals in removal proceedings may benefit from 10-Year Cancellation of Removal but it is not a right. The applicant will need to establish the elements and establish that relief should be granted in convincing a immigration judge.
Before applying for 10-Year Cancellation of Removal, consider your immigration history, family relationships, criminal record, physical presence, and hardship evidence. The rules are complicated and each case is unique; a knowledgeable immigration attorney can help you understand the options available.
Frequently Asked Questions
What is 10-Year Cancellation of Removal?
It is a form of immigration relief for certain nonpermanent residents who meet specific legal requirements and can establish exceptional and extremely unusual hardship to a qualifying relative.
Can anyone who has lived in the U.S. for ten years apply?
No. Ten years of presence is only one requirement. Other eligibility rules involving character, criminal history, hardship, and discretion also apply.
What is cancellation of removal for non-LPR?
It is relief available under INA § 240A(b) to certain people who are not lawful permanent residents and meet the required conditions.
What form is used for cancellation of removal?
Form EOIR-42B is the application used for cancellation of removal and adjustment of status for certain nonpermanent residents.
Can criminal history stop my case?
Yes. Certain convictions can make an applicant ineligible, while other criminal or immigration history can affect the discretionary decision.
Who can be a qualifying relative?
Generally, the hardship must involve a U.S. citizen or lawful permanent resident spouse, parent, or child.
What evidence can prove ten years of presence?
Records such as leases, employment documents, tax records, school records, medical records, bills, bank records, and other dated documents may help establish physical presence.
Are police clearance letters required?
They may be useful evidence depending on the circumstances, but requirements for supporting evidence can vary by case. Your attorney can explain what should be submitted.
Can 10-Year Cancellation of Removal give me a green card?
If cancellation is granted under the non-LPR provisions, the person’s status is adjusted to lawful permanent resident.
Should I file without an immigration lawyer?
You can prepare your own application, but 10-Year Cancellation of Removal involves detailed eligibility and evidence requirements. Professional legal guidance can be valuable, particularly when criminal or complicated immigration history is involved.
