Many people know this as the “10 year law.” It allows the Attorney General, an Immigration Judge, or the Board of Immigration Appeals to cancel the removal of a non-permanent resident from the U.S. if:
- He has been physically present in the U.S. for a continuous period of ten years prior to the institution of removal proceedings. (This requirement is not applicable to persons who have served a minimum of 24 months in the U.S. Armed Forces, was present in the U.S. during his enlistment or induction, and is either serving honorably or has received an honorable discharge.) “Continuous” means that the person can not be out of the U.S. for more than 90 days at a time, or 180 days in the aggregate, during the ten-year period.
- He has been a person of good moral character for ten years;
- He cannot be inadmissible under §212(a)(2) or (3) (criminal and security grounds) or deportable under §237(a)(1)(G) (marriage fraud), (2) (criminal grounds), (3) (failure to register and falsification of documents) or (4) (security and related grounds).
- He established exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent or child. (Note: not hardship to the applicant).
Cancellation of Removal for Battered Spouse
A battered spouse must firstly be put into deportation (or “removal” under the new law) proceedings. She must demonstrate three years of continuous physical presence in the United States, instead of ten years as applicable to other individuals. Time toward the three-year period would accrue even after she received the notice to appear for the removal hearing. This is different than the one that applies to other individuals where physical presence in the United States terminates upon service of notice or commission of a criminal act.
The applicant for cancellation must demonstrate good moral character and must not be inadmissible under:
1. Section 212(a)(2) – criminal and related grounds
2. Section 212(a)(3) – security and related grounds
3. Section 237(a)(1)(G) – marriage fraud
4. Section 237(a)(2) – criminal offenses
5. Section 237(a)(3) – document fraud
6. Section 237(a)(4) – security and related grounds
The applicant, furthermore, must not have been convicted of an aggravated felony.
Most difficult is the requirement that the applicant demonstrate that removal would result in extreme hardship. While the battered spouse or child has to demonstrate “extreme hardship”, others need to show “extreme and unusual hardship.” Unlike in the cancellation of removal for other individuals who have to show “extreme and unusual hardship” to a citizen or resident relative, extreme hardship alone to the battered applicant would suffice.
To discuss the specifics of your case, call us at 678.324-8511 or e-mail at firstname.lastname@example.org today to learn more.
What’s the difference between a Misdemeanor and a Felony?
No two crimes are the same, so to provide an easy distinction between lesser and more serious crimes, every state places crimes into specific categories. The two major classifications of crimes in the state of Georgia are felonies and misdemeanors.
Felonies are typically more serious crimes and usually involve some physical harm to the victims or grossly fraudulent financial schemes. Misdemeanors are crimes that are punishable by up to a year in jail, the payment of the fine, community service or restitution. Misdemeanors are less serious crimes.