Non-LPR 10-Year Cancellation of Removal

What is Ten-Year Cancellation?

This is a form of relief from deportation that, unlike asylum, can only be filed defensively. The application is known as a 42B.

Who can apply?

You can apply for Ten-Year Cancellation if you:
1. Have been physically present in the United States for at least 10 years.
2. Can demonstrate that your removal would cause Extreme Hardship to Qualifying Relatives
3. Are a person of Good Moral Character

How are the ten years counted?

The 10 years stop being counted on the day you receive a Notice to Appear. However, under the recent Pereira v. Sessions Supreme Court decision, you may still be eligible if the Notice to Appear did not contain a date and time for your hearing.

What if I left the country during the 10 year period?

You are allowed to leave the country for a maximum of 90 days at a time, but no more. Additionally, all the times you have left the United States must not add up to more than 180 days. You will need documentation that proves your presence.

Who counts as “Qualifying Relatives?”

Qualifying Relatives are your Spouse, Children, or Parents who are U.S. Citizens or Legal Permanent Residents (Green Cards).

What constitutes “Extreme Hardship?”

Extreme hardship is hard to specifically define, but it could be physical, mental, psychological, or medical, for example. All of these may add up together to a “totality of circumstances” that demonstrate extreme hardship. This is up to the Immigration Judge’s discretion. You will need extensive documentation.

What does “Good Moral Character” mean?

Like Extreme Hardship, it is difficult to define and is subject to the Immigration Judge’s discretion. Lack of a criminal record of any kind is one way to demonstrate good moral character.

What is the process like? How long does it take?

As mentioned above, it is a defensive application. You cannot simply file it yourself. Like Asylum, there is a large backlog of cases, so it may take some time to adjudicate.

What benefits do I get if my case is granted? Can I get a Green Card? Work Authorization?

Like Asylum, while your Ten-Year Cancellation is pending, you can apply for a renewable Work Permit. This one is only valid for one year, though. If your application is approved, you can apply for a Green Card.

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