B/c he is LPR, there is an argument for cancellation iii. Prerequisites – CONJUNCTIVE – ALL MUST BE MET 1. Must have Been in LPR status for at least 5 years a. LPR status ends upon entry of final order of exclusion, deportation, or removal 2. Must have continuous residence in U.S. for 7 years in ay status a. This includes legal, illegal, non-immigrant, immigrant b. Stop Time Rule i. Method by which the 7-year continuous residence rule is violated 1. These do not stop the 5 year LPR status rule ii. Two Ways to Activate Rule 1. Gov’t files a Notice to Appear for non-citizen 2. Offense is under inadmissible grounds AND the person is either inadmissible or deportable a. Crime listed in 212 inadmissible grounds , but also makes LPR deportable b. Analyze this by: i. Identifying offense under 212 ii. Then identify it under 237 (deportability) iii. If they match, then stop time rule activated iv. If a 237 offense, but no a 212 offense, then stop time rule not activated 3. Must NOT be convicted of an aggravated felony a. If non-citizen is convicted, then he loses all cancellation rights b. To determine if AF, must use categorical analysis approach – not looking at the facts of the specific case 4. Non-citizen must merit favorable discretion by the BIA iv. Motions to Re-Open 1. While deportation pending, non-citizen accumulates the 5 years of LPR that are necessary 2. Can now apply for cancellation of removal v. Whenever you obtain LPR status by fraud, you never actually have, so no matter how long you have been in US as LPR, you cannot meet 5-year rule 1. Not eligible for cancellation 37
Cancellation Part B – 240(b) vi. Applies to non-citizens who are not LPRs vii. Prerequisites 1. Physical presence in U.S. for 10 consecutive years in ANY STATUS a. No breaks in presence for 90 consecutive days OR b. 180 days over the entire period of 10 years c. Same Stop Time Rule Applies as w/ LPR 7-year rule 2. Good moral character for entire period a. Cannot commit any crimes that would have made you inadmissible or deportable b. No false testimony for immigration benefits c. INA 101(f) i. Criminals committing crime making self inadmissible; falsely testifying under oath for immigration benefits; failing national security grounds ii. These people lack GMC 3. Not convicted of any crime that violates 212 (inadmissible) or 237 (deportation) 4. Prove that your removal results in exceptional AND extremely unusual hardship to an anchor spouse, parent, child who is a citizen or LPR in the U.S. viii. Matter of Racines 1. Factors that a panel might consider to find exceptional and extremely unusual hardship a. All family resides in the U.s. b. Deportable non-citizen is a single parent w/ no support from family c. Sole supporter financially for a large family d. Economic situation horrible in removal country e. Children don’t speak removal country language f. Disability / health issues g. Economic means 2. Totality of the circumstances weighing / balancing test 3. Focus of the test is ON THE IMPACT TO THE ANCHOR RELATIVE ix. Once you receive cancellation, you become LPR i. Quota for Cancellations i. 4K per year for both combined ii. If quota exceeded, then the LPR status is put off until the next fiscal year CITIZENSHIP I. General a.
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- Fall '19
- Immigration to the United States, Laborer, Permanent residency