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In this age of more aggressive immigration enforcement, COR is another way for eligible non-citizens to remain in the United States.
COR is only available to non-citizens who are in Immigration Court. If you do not have a case in court, you cannot apply for Cancellation of Removal—the whole point is that you “cancel” your removal and become a Lawful Permanent Resident (i.e., a Green Card holder). So COR is quite a good benefit, but how does a person in court obtain COR?
Let’s start with the law. To qualify for COR, a non-citizen must meet the following requirements—
- has been physically present in the United States for a continuous period of 10+ years;
- has been of good moral character during the 10-year period;
- has not been convicted of certain criminal offenses; and
- show that removal would result in exceptional and extremely unusual hardship to certain U.S. citizen or Lawful Permanent Resident family members.
First, you need at least 10 years in the United States prior to the date when a court case begins. How do you know when court begins? You receive a document called a Notice to Appear. The NTA explains why the U.S. government believes you can be deported. If you had a case at the Asylum Office and that case was referred to Immigration Court, you will receive an NTA. The NTA is dated, and the date on the NTA “stops the clock” for purposes of COR. So if you receive an NTA after nine years in the U.S., you would not normally be eligible for COR, even if your court case takes more than one year (there are exceptions to many of these rules, so talk to a lawyer about the specifics of your case).
Second, you need to show that you do not have any disqualifying criminal convictions. If you have been convicted of a crime, talk to a lawyer about eligibility for COR, as some crimes will block you from COR, and others will not, and it is not necessarily obvious which crimes are disqualifying.
Third, to obtain COR, you have to show that you are a person of good moral character. In general, people without criminal convictions are considered people of good moral character, but you should present evidence of your good character, such as proof that you worked and paid taxes or attended school, letters from people who know you, evidence of volunteer work or involvement with your religious community, etc. If you have a criminal conviction (or even an arrest), it would be a negative factor when evaluating your character, and so you would want to present evidence of rehabilitation, such as classes taken or meeting all the requirements of your probation.
Fourth, you have to show that you have a U.S. citizen or Lawful Permanent Resident spouse, parent or child (under 21 years old and unmarried) who will suffer “exceptional and extremely unusual hardship” if you are deported. In other words, the government doesn’t care much if you yourself will suffer a hardship, but it does care if your U.S. citizen or LPR relative suffers.
To show hardship to relatives who will return to the home country with you, you can present evidence of mental or physical health problems or learning disabilities that cannot be treated in your country. You can also show that conditions in the home country are dangerous and that the relative will be unsafe there. For asylum seekers, if you will be detained, harmed or killed in your home country, that could qualify as a severe hardship to your family members. Economic harm or loss of job opportunities might also qualify as a hardship, though usually this is more of a stretch.
If the relative will remain in the U.S. after you leave, you have to show that your absence will be a severe hardship—the family separation alone is not enough. Evidence that you take care of your relative’s mental or physical health needs, education, and/or economic needs would be helpful. Also, again, for asylum seekers, evidence that you will suffer persecution in your home country might qualify as a hardship to your relative who remains here.
Finally, if you satisfy the legal requirements for COR, you must show that COR should be granted as a matter of discretion. This is similar to the good moral character requirement, and presenting evidence that you are a good person will help demonstrate to the judge that you “deserve” COR.
If COR is granted, you do not immediately get a Green Card. Instead, once COR is granted, you get in line, where you wait for a Green Card to become available. The wait time is difficult to predict. My most recent case was approved for COR in August 2021, and my clients only received their Green Cards a few months ago, so the wait was about 4½ year. My guess is that wait times have increased since then, and so a five or six year waiting period would not be surprising. The good news is that you can get a work permit during the wait.
If you think you might qualify for COR, talk to a lawyer, as the requirements can be confusing and difficult to meet, and it is important to have someone review the specifics of your situation. Know also that a person in court can apply for asylum and COR (and any other forms of relief that might be available). These days, if you qualify for more than one form of relief, you would be wise to apply for all types of relief, as it gives you more opportunity to obtain legal status and remain in the United States.
Originally posted on the Asylumist: www.Asylumist.com
