This client entered the U.S. without inspection in the late 1990s.  Importantly, he was never caught by immigration upon entry or thereafter.  Over the years, he had been arrested on several occasions for DUI and domestic assault incidents, but had never been placed in removal proceedings until 2017. At that time, he was denied bond, but was eligible for a form of relief known as “Cancellation of Removal” for Non-Lawful Permanent Residents.

THE LAW:

Cancellation of Removal requires essentially four elements:

1. You have been living (“continuously physically present”) in the U.S. for at least ten years.
2. Your being removed (“deported”) from the U.S. would cause “exceptional and extremely unusual hardship” to your qualifying relative(s), who is (or are) U.S. citizens or lawful permanent residents (LPRs).
3. You can show that you have “good moral character.”
4. You have not been convicted of certain crimes or violated certain laws.

Criminal convictions for a “crime involving moral turpitude” or “aggravated felony” will prevent someone from qualifying for Non-LPR Cancellation. Similarly, you would not qualify for Cancellation of Removal if you were caught by US Immigration before acquiring 10 years of continuous presence.

Even assuming you are able to show you qualify based on 10 years of physical presence and have not been convicted of any disqualifying offenses, the challenge of proving that your family (USC/LPR spouse, child, or parent) would suffer “exceptional and extremely unusual hardship” if you were deported is NOT EASY!!!  An Applicant for Cancellation of Removal must complete Form EOIR-42B and gather proof that their relatives would suffer this “exceptional and extremely unusual hardship.”

USCIS Regulations provide that Applicants may provide proof of the following types of evidence: (1) family ties within the US, (2) residence of long duration in this country (particularly when the inception of residence occurred while the respondent was of young age), (3) evidence of hardship to the respondent and family if deportation occurs, (4) service in this country’s Armed Forces, (5) a history of employment, (6)
the existence of property or business ties, (7) evidence of value and service to the community, (8) proof of a genuine rehabilitation if a criminal record exists, and (9) other evidence attesting to a respondent’s good character (e.g., affidavits from family, friends, and responsible community representatives).

If granted, a formerly undocumented alien becomes a US Lawful Permanent Resident (“green card holder”).

THE RESULT:

In any detained case, it is extremely important to have the assistance of friends and family as well as competent counsel who can assist with gathering relevant documents and evidence.  Here, the client and his family gathered together to put forward a strong application that highlighted his lack of recent criminal history and extensive ties. Ultimately, the Court approved this client’s EOIR-42B and granted him Cancellation of Removal (which results in the client receiving a “green card”).

DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. It is impossible to guarantee any results.