Cancellation of Removal for Non LPRs

Cancellation of removal is a form of discretionary relief from removal that is available only in removal proceedings initiated on or after April 1, 1997.  To be eligible for this relief, individuals must establish that: 

• They have been physically present in the United States for a continuous period of not less than 10 years immediately preceding their application for relief;
• They have had good moral character during the 10-year period prior to the entry of final administrative decision in the case;
• They have not been convicted of an offense that would make them inadmissible or deportable; and
• Their removal would result in exceptional and extreme unusual hardship to the foreign national’s USC or LPR spouse, parent or child.  

The most important and the most difficult requirement for this cancellation relief is establishing exceptional and extremely unusual hardship.  This hardship requirement is one of the toughest standards to establish in all immigration law provisions. Moreover, this standard may not be satisfied by showing hardship to the foreign national, but rather the applicant must establish that the hardship will be suffered by a US Citizen (USC) or Lawful Permanent Resident (LPR) spouse, parent or child. 

The factors identified by the BIA to determine exceptional and extreme unusual hardship include the ages, health, and circumstances of qualifying LPR and USC relatives.  For example, according to the BIA, an applicant who has elderly parents in this country, parents who are dependent solely on the applicant for support, might have a strong case. Another strong applicant might have a qualifying child with very serious health issues, or compelling special needs in school.  A lower standard of living or adverse country conditions in the country of return are factors to consider, but generally will be insufficient in themselves to support a finding of exceptional and extremely unusual hardship.  As with extreme hardship, all hardship factors should be considered in the aggregate when assessing exceptional extremely unusual hardship.  The BIA emphasized that, although guidance as to the term’s meaning can be provided, each case must be assessed and decided on its own facts. 

Hence, various supporting documents for your cancellation case are extremely important. The following documents are some examples: 

Proof of Continuous Presence for 10 years 

• Rent receipts, school records, certificates of achievement, or utility bills that can demonstrate your continuous presence in the U.S. for last 10 years.
• Medical or dental records, social security records, bank statements, Identifications issued during that time, children’s school records, income tax records, or payroll records
• Any other proof such as notarized statements from family, friends, or co-workers that show your continuous presence for the last 10 years 

Good Moral Character

• Letters from your family members, co-workers, neighbors, work supervisors, teachers, religious leaders, or any people who benefit from your activities in your community to show that you have been a person of good moral character during the last 10 years.
• There is no limit as to the amount of information you can submit to prove your good moral character. 
• The letters should be dated, notarized and signed.  Also, letters should include the following information: how you are related to the person writing the letter, the name of the person who writes the letter on behalf of you, how long they have known you, why they have a good opinion of you (they should try to give examples of your good behavior), they should also talk about your criminal history if they are familiar with it and say how you have changed and why they think that you will not make the same mistakes again 

Hardship 

• Length of time your family has lived in the U.S.: bills or letters showing your address, school or work records, birth Certificates of your children (if any), marriage Certificates (if any)
• Family’s dependence on you for financial and emotional support: proof of child support payments, letters from your family members, bills for your family’s expenses (medical cares, social security payments, etc), proof of insurance for family members
• If any of your family members are currently sick (physically or mentally) or have been sick in the past, it is important for the Judge and Immigration to learn about it.  If someone in your family is or has been sick, it is very helpful to submit evidence of their medical history such as a letter from a doctor, copies of medical records and prescriptions.  To establish hardship based on medical problems, you should submit the following proof: doctor’s letter, copies of medical records, copies of prescriptions, letter from a psychologist, social worker or psychiatrist, copies of treatment records 

Other Evidence in Support to Demonstrate Extreme Hardship 

• You can show extreme hardship by demonstrating your inability to support your family in your home country. You can show the living and political conditions in your home country: news articles on living conditions in your home country, news articles on political or social conditions in your home country if it is dangerous or unstable
• Family members’ close ties to their community in the U.S.: evidence that they are attending school (letter from a teacher, principal, school attendance certificates), evidence that they have friends and other close ties in the U.S. (pictures of your children with friends, cousins, etc. and pictures of your children with their teammates if they belong to any teams), evidence of their school performance (their grades, proof of enrollment in honors classes, proof of special need classes because of learning disabilities, etc.), evidence of extra-curricular activities, evidence that they only speak English
• Anticipated hardship children would suffer if your family would go back to your home country: proof that your children do not speak the language of your home country, evidence that they are enrolled in special programs in school, written statements from your children giving examples of how their lives would change and what they would miss if they were to go with you to your home country.