Florence Immigrant and Refugee Rights Project
Cancellation of Removal for Non-Permanent Residents
In presenting your case, you must prove to the judge that you qualify for Cancellation of
Removal and that you also deserve to win. The best way to prove your case is to gather
documents showing that you meet all the eligibility requirements. You need to submit
documents proving that: 1) you have lived in the United States continuously for at least
ten years and that 2) you are a person of good moral character and that 3) your family
would suffer exceptional and extremely unusual hardship if you were removed or deported
from the U.S.
The documents you submit will confirm to the Judge that what you are saying is true and
correct. Remember, if you submit documents related to your case, you will be in a better
position to prove your case because, in a sense, the documents will speak for themselves.
For example, you can tell the Judge that your daughter misses you. The Judge might or
might not believe you. However, if you give the Judge a notarized letter from your
daughter describing how much she misses you, her letter will support your statements.
DOCUMENTATION
1.
Continuous Presence for 10 years
To meet the first requirement you need to show the judge that you have been living in the
U.S. continuously for at least 10 years. You should gather as much evidence as possible to
show that you have been here for that length of time.
You need to find documents to prove your presence in this country every year. For each
year of the ten-year period, try to get as much proof as you can. If you cannot find many
documents, you must be prepared to explain to the judge why you do not have much proof
of the time you have been in the U.S.
Document Checklist for Ten Years of Continuous Presence
You can help your case by gathering proof that you were living in the United States.
For example, proof can include:
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* rent receipts
* school records
* certificates of achievement/rehabilitation/education
* medical or dental records
* social security records
* payroll records and income tax records.
*notarized letters from a:
* landlord
* employer
* co-worker
* neighbor
* friend or religious leader
* utility bills
* children’s birth certificates
* children’s school records
* children’s immunization records
* marriage certificate
* I.D.’s issued during that time
* bank statements and records
* proof of child support payments
* tax records
* deeds to property
2.
Good Moral Character
To meet the second requirement you need to show the judge that you have been a
person of good moral character during the last 10 years. Remember, there is no limit as to
the amount of information you can submit to prove your good moral character. The more
relevant information, the better.
Document Checklist for Good Moral Character
To document good moral character you should try to get letters from:
* family members
* work or volunteer supervisors
* co-workers
* teachers
* neighbors
* religious leaders
* any people who benefit from your activities in your community
TIPS:
Remember, the more letters, the better. The letters should be dated, notarized and
signed. Also, the letters should include the following information:
*how you are related to the person writing the letter
*the name of that person
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*how long they have known you
*why they have a good opinion of you (they should try to give examples of your good
behavior)
*they should also talk about your criminal history if they are familiar with it and say how
you have changed and why they think that you won’t make the same mistakes again
Also, you should try to get copies of:
*photographs of you and your family
*photographs of your children
*tax records
*employment pay stubs
In getting documents together you should also include any awards you have received
at work or in your community.
3.
Exceptional and Extremely Unusual Hardship
Exceptional and extremely unusual hardship is the most difficult requirement to
meet. To win your cancellation case, you must show that deportation will cause
exceptional and extremely unusual hardship to your children, spouse or parents who are
legal permanent residents or U.S. citizens. Unfortunately, under the law, hardship to
yourself does not count and hardship to undocumented family members does not count
either. You can prove this severe form of hardship through letters, documents, and
testimony by you or your family members.
Document Checklist for Extreme Hardship
*To prove hardship based on the length of time your family has lived in the U.S., you
should gather the following proof:
 bills or letters showing your address
 school or work records
 birth certificates
 marriage certificate
*To prove hardship because of your family’s dependence on you for financial and emotional
support, you should gather the following proof:
 proof of child support payments
 letters from your family members
 bills for your family’s expenses (water, electricity, medical care, etc.)
 proof of insurance for family members
*If any of your family members are currently sick (physically or mentally) or have been
sick in the past, it is important for the Judge and Immigration to learn about it. If
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someone in your family is or has been sick, it is very helpful to submit evidence of their
medical history such as a letter from a doctor, copies of medical records and
prescriptions. For example, you can demonstrate hardship to your United States citizen
wife if she needs medical attention in the US. Also, the fact that some forms of medical
treatment are only available in the U.S. would be helpful to show to the Judge that your
wife needs to stay here and that you need to stay here with her.
To establish hardship based on medical problems:
 doctor’s letter
 copies of medical records
 copies of prescriptions
 letter from a psychologist, social worker or psychiatrist
 copies of treatment records
*You can also show hardship by telling the judge what has happened to your family since
you have been in detention. For example, if they have not been able to pay the rent, buy
groceries, or get medical care because you are not there to support them you should tell
the judge and they should write a letter telling the judge this.
*Also, your family’s employment history and evidence of ownership of property would be
helpful in establishing hardship to them
*Another way to show hardship would be through your inability to support your family in
your home country. Also, the living conditions in your home country or political situation in
your country, especially if it is dangerous. For example, it would be helpful for you to
submit to the court articles on conditions in your country of origin.
*An effective way to prove hardship is to prove that your family’s everyday life would
change for the worse if you were not around. To prove this, it is helpful to get very
detailed statements and specific examples from your family members about how exactly
you make positive contributions in their lives.
*Also, if your family is planning to go with you to your country of origin, it is important for
them to describe the anticipated hardship they would suffer. You need to show the judge
how your children would suffer if they went with you to your home country. Evidence
showing the judge that your children would suffer includes: proof that your children do
not speak the language of your home country, that they are good students in the U.S., that
they are enrolled in special programs in school, that they are active in school activities,
and have friends and other family in the U.S.
*You can also show hardship to your family by showing the judge that your family members
have close ties to their community in the U.S. You need to show that you and your family
are valuable and productive members of the community in which you live. For example, if
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you or your family members are active in a religious organization, if any of you do volunteer
work or if you are active in a sports team in your community, you should get proof of this
and present it to the judge.
*To prove hardship based on your children’s ties to the U.S., you should gather the
following:
 evidence that they are attending school (letter from a teacher, principal, school
attendance certificates)
 evidence that they have friends and other close ties here (pictures of your
children with friends, cousins, etc. and pictures of your children with their
teammates if they belong to any teams)
 evidence of their school performance (their grades, proof of enrollment in
honors classes, proof of special need classes because of learning disabilities, etc.)
 evidence of extra curricular activities
 evidence that they only speak English if this is the case
 letters from teachers, counselors, school principal
*Written statements from your children giving examples of how their lives would be
different if they were to be separated from you. Also, how their lives would change and
what they would miss if they were to go with you to your country of origin.
Created by the Florence Immigrant and Refugee Rights Project, Inc.
The Florence Project grants permission for the copying of this document, as is, for personal use or for free distribution to
the BICE, to individuals in BICE custody, or to non-profit entities that assist Immigration detainees.
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