Nonpermanent Resident Secures Adjustment of Status After Cancellation of Removal
A nonpermanent resident has secured Cancellation of Removal and Adjustment of Status approvals. This is a significant legal victory that grants them legal residency in the U.S. This outcome highlights the individual’s fulfillment of key conditions. These include continuous residence and demonstrating that their removal would cause exceptional hardship to a qualifying relative.
The Path to Legal Residency
Cancellation of Removal for Certain Nonpermanent Residents is a form of discretionary relief from deportation. It is for people in removal proceedings before an Immigration Judge (IJ). Unlike other types of relief, this process is very complex. The applicant must prove a number of difficult requirements. A successful outcome means the person has convinced the IJ their case deserves this rare form of relief.
To qualify for cancellation of removal, an applicant must meet three main legal requirements:
- Continuous Physical Presence: The person must prove they have been in the U.S. for 10 or more years. This must be a continuous period right before they were served a Notice to Appear in court.
- Good Moral Character: The applicant must show they have been a person of good moral character for this 10-year period. This includes having a clean criminal record. It also means having a history of positive community contributions.
- Exceptional and Extremely Unusual Hardship: This is often the hardest requirement to prove. The applicant must show that their removal would cause “exceptional and extremely unusual hardship” to a qualifying relative. The relative must be a U.S. citizen or a lawful permanent resident. Qualifying relatives can include a spouse, parent, or child. This hardship must be much greater than what a family would normally face from a deportation.
When an IJ grants cancellation of removal, they also grant the person adjustment of status. This means the applicant’s status changes to that of a lawful permanent resident. They are then issued a Green Card. This approval ends the threat of deportation. It provides a secure legal status, allowing them to live and work in the U.S. permanently. The successful completion of this process proves the applicant’s hard work and the strength of their case.What are the specific requirements for proving ‘exceptional and extremely unusual hardship’?What are the main differences between Cancellation of Removal and other forms of relief?How can I find a lawyer who specializes in Cancellation of Removal cases?
