• Maria Cordon

Cancellation of Removal and Adjustment of Status for Non-Legal Permanent Residents. #EOIR 42B.

Cancellation of removal and adjustment of status for non-legal permanent residents requires, among other requirements, physical presence of no less than ten years in the United States before the Notice to Appear is served. Conviction of certain offenses under INA §§212(a), 237(a)(2), or 237(a)(3) may throw a wrench in your case. Currently, ten years of good moral character run until your application is resolved.

In immigration court you must establish that removal would result in exceptional and extremely unusual hardship to your legal permanent resident or U.S. citizen spouse, parent, or child. Even though hardships are cumulative, the most difficult part of this standard, in my opinion, is the extremely unusual hardship component. An extremely unusual fact pattern could be cancelling the removal of parents whose minor USC child suffers from mental retardation, child lives at home with a loving family, and this nuclear family would be removed to a country where techniques to treat mental retardation would be obsolete and potentially hurtful to the USC child. Alternatively, the child could be placed in a U.S. state institution. USC child’s suffering would be extreme and unusual.

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