When a non-lawful permanent resident faces deportation, one of the best defenses he or she may have is cancellation of removal. For this reason, practitioners should familiarize themselves with non-LPC cancellation, as it may be their only form of relief for entering the U.S. without first undergoing inspection.
Typically, non-LPR revocation is available only to non-citizens whose spouse, parent or children are lawful permanent residents or citizens of the U.S. However, it is not nearly enough for a petitioner to show that he or she has family in the country — he or she must also meet strict eligibility requirements.
Understanding cancellation of removal for non-LPRs
If successful, a petition for the termination of deportation for a non-LPR can result in citizenship for the petitioner. According to the Immigrant Legal Resource Center, this makes it one of the best defenses to removal that a person who faces deportation can deploy. That said, to qualify for a deportation reversal as an NPR, an individual must meet different criteria than if they were to try to obtain a green card or cancellation via other means.
Eligibility requirements for non-LPR cancellation
Also according to the ILRC, for a person to qualify for non-LPR cancellation, the courts must deem him or her inadmissible or deportable. The person must also demonstrate the following:
- He or she has maintained a continuous presence in the United States for at least 10 years;
- For those 10 years, he or she has demonstrated good moral character;
- In those 10 years, he or she received zero convictions for certain offenses; and
- To deport him or her, it would cause extremely unusual and exceptional hardship to her parent, spouse or child who is an LPR or U.S. citizen.
Cancellation of removal is a strong defense, but it does not guarantee green-card status. For a petitioner to obtain the best possible outcome, he or she must understand the eligibility requirements and make absolutely sure it is the best defense available to him or her.