
¿Puedes extender su estadía si eres no es inmigrante? ¡Absolutamente! Y estamos aquí para mostrarte la forma correcta de hacerlo.…
An application for cancellation of removal is filed with the immigration court. The application and any supporting documentation should be clearly organized, translated into English if necessary, and prove each of the requirements for cancellation of removal.
To qualify for cancellation of removal, you must be in deportation proceedings and meet the following criteria:
We have discussed the other requirements for cancellation of removal in other articles. Please be sure to look at those. This article focuses on the fourth requirement above.
To qualify for cancellation of removal, you must show that a qualifying relative will suffer the sort of hardship required by law. Not just any relative is a qualifying relative (and not just any hardship will work). Your removal from the U.S. must affect one of the following:
Note that spouses, parents, and children who lack immigration status do not meet the definition of qualifying resident. Similarly, spouses, parents, and children who are currently enrolled in a deferred action program like DAPA or DACA do not qualify. Relatives who hold some form of nonimmigrant visa status don’t either. Finally, other relatives (siblings, aunts, cousins, grandparents, etc.) are not qualifying relatives for cancellation of removal purposes, even if they happen to be U.S. citizens or legal permanent residents.
To prove your relationship to a qualifying relative, you must provide a copy of the relational documents. Most commonly, you will present a birth certificate or marriage certificate. You will also need documentation that proves your qualifying relative is a U.S. citizen or legal permanent resident. Copies of U.S. passports, green cards, or U.S. birth certificates are sufficient in this regard.
The most difficult element to prove in a cancellation of removal case is that one of the qualifying relatives discussed above will suffer “exceptional and extremely unusual hardship if you are deported.
Note that the immigration court is not evaluating the hardship that you will face if you are returned to your home country. There are, however, some defenses to deportation that do consider this (e.g., asylum and withholding of removal). If you think you will be physically harmed upon return to your home country, you should discuss this concern with your immigration attorney. You may be eligible for relief from deportation under a different defense than cancellation of removal.
The Board of Immigration Appeals has provided examples of exceptional and extremely unusual hardship in the cancellation of removal context. All deportations are difficult and cause hardship. Cancellation of removal requires much more than these ordinary hardships.
The Board found exceptional and extremely unusual hardship in each of the following situations:
The above list is meant to be instructional and by no means presents the only situations in which cancellation of removal can be approved. In certain cases, the Board of Immigration Appeals has found exceptional and extremely unusual hardship in cases where substandard conditions in the applicant’s home country would adversely affect a qualifying resident forced to move there. These instances, though, are increasingly rare.
Successful applicants for cancellation of removal present a strong, well-documented case. It is possible to prove exceptional and extremely unusual hardship through a variety of means, depending on the particular situation:
Again, the list above is not exhaustive. A variety of evidence may be used to prove hardship in a cancellation of removal case. An experienced immigration lawyer in New Jersey is available at Andres Mejer Law to help you gather the items necessary to prove hardship and can ensure that you are making the best possible case.
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