In order to qualify for Cancellation of Removal for Non-Lawful Permanent Residents, you:
- Must have 10 years of continuous residence in the U.S.
- Must have a qualifying U.S. citizen or Lawful Permanent Resident immediate relative.
- You must prove that your immediate relative will suffer extreme, exceptional and usual hardship if you are removed from the U.S.
- You must also possess good moral character.
If the Notice to Appear does not have the requisite information as stated by the U.S. Supreme Court, you may still be accumulating the 10 years necessary to qualify for Cancellation of Removal for Non-Lawful Permanent Residents. This decision may also help individuals that were removed in their absence if they were issued a Notice to Appear that did not contain the required information pursuant to the law and whom due to this lack of information on the Notice to Appear failed to appear to their court hearing.
Based on this case, you may also be able to terminate proceedings if your Notice to Appear does not contain the date, time and/or place of proceedings depending on where you are in your immigration proceedings or case.
Please fill out the questionnaire below, so that we may better determine your eligibility under this new decision of the Supreme Court of the United States.