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| Cancellation of removal for certain non-permanent residents |
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Certain non-permanent residents who have been in the United States for 10 years and are subject to removal in Immigration Court may apply for relief called cancellation of removal.
Question: What are the requirements for cancellation of removal for certain non-permanent residents?
Answer: The following are the requirements:
•Ten-year physical presence in the US preceding the date of application.
•Good moral character during the 10-year period.
•Exceptional and extremely unusual hardship to the US citizen of Lawful Permanent Resident spouse, parent or child of the applicant.
•Not convicted of any crimes.
•Positive showing of discretionary merit.
Question: Who are the classes of aliens who are not eligible for this relief?
Answer: The following aliens are ineligible for cancellation of removal:
•Aliens who entered the US as a crewman after June 30, 1964.
•J-1 visa holder who entered to receive graduate medical training.
•J-1 visa holder who has not fulfilled the two year foreign residency requirement.
•Individuals who have been deportable or inadmissible for security threats.
•Individuals who have been previously granted cancellation of removal or suspension of deportation.
Question: What factors are considered to prove exceptional and extremely unusual hardship?
Answer: The factors considered are the extremely unusual hardship to the applicant and the qualifying relatives. These include:
•Age of the individual applicant.
•Family ties in the United States and abroad.
•Length of residence in the United States.
•Health condition of the individual and qualifying relatives.
•Condition in the country where the individual will be deported.
•Economic and political condition of the applicant’s native country,
•Financial status including business and community ties.
•Individual’s immigration history.
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