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  • Cancellation of removal

    What are the eligiblity requirements to apply for cancellation of removal. Doest it apply if someone has been in and out of country on a visitor's visa?

  • #2
    What are the eligiblity requirements to apply for cancellation of removal. Doest it apply if someone has been in and out of country on a visitor's visa?

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    • #3
      no !! YOU should be living in the country for 10 years and never left once...

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      • #4
        You should be here for ten years. You must show that there will be a hardship for your USC or LPR spouse/child, paid taxes regularly, not had any contact with the law, and has never been ordered deportations. These are few creterias.

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        • #5
          Never left once? Are you sure about that? So it has to be 10 years in USA without any gap whatsoever? Please confirm.

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          • #6
            Yes, but you have to meet other conditions like USC or LPR Spouse/child etc.

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            • #7
              I think the continuous residence requirement doesn't mean you can never leave. It means no significant gaps. What's significant or not is up to INS to decide. If you've used visitor visa to come in and out of US, I'd think you can hardly establish continueous residence. As Umesh Passi puts it, there're other probably more difficult criteria you have to meet too.

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              • #8
                Please check 1996 immigration reforms that have changed cancellation of removal requirements.
                Now it requires more hardships towards your USC family and introduced stop time rule, which porbably means your illegal stay or time acrued after you get NTA will not be counted towards 10 years time requirement of cancellation of removal.

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                • #9
                  qualifcations for LPR (legal permanent residents) and non-LPR's are different. From your post, I take it that you are not a LPR. So I guess it would be even harder for you to prove :

                  - "extreme hardship" not to yourself, but to U.S. citizen spouse, parents, or children

                  - long term residency (minimum of 10 yrs. with only minimal and "innocent" leaves without clear "abondonment of your U.S. residency",

                  - "good moral character" (no criminal or serious civil convictions)

                  - proof that you own significant real estate, a business, or are an essential professional etc.

                  it's quite complex and this is only a very blunt list of qualifying factors. Even if you qualify, it is a discreationary relief form (meaning that you don't have a "right" to it). It's difficult to obtain and I would suggest that you take a good attorney. Good luck!

                  Comment


                  • #10
                    Thats how it works.
                    IF you entered in US For LPR purpose, Its 7 years and you should hace good moral, continuous staying in US with ,( continuous physical means you may have short visit out of US,And NTA should not be issued ) NTA will stop the clock for physical presence.
                    And you have to show Extreme physical hardship to USC/LPR childern Or spouse.
                    WHERE EVER<
                    In case of Non immigrant the time period for physical presence is 10+ years.

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