Loading PDF To qualify for this benefit, you must establish in a hearing before an Immigration Judge that: A. Prior to the service of the Notice to Appear, you have maintained continuous physical presence in the United States for ten 10 years or more, and you have been a person of good moral character as defined in section f of the INA during such period; You have not been convicted of an offense covered under sections a 2 , a 2 , or a 3 of the INA; and Your removal would result in exceptional and extremely unusual hardship to your United States citizen or lawful permanent resident spouse, parent, or child, and you are deserving of a favorable exercise of discretion on your application. You have been battered or subjected to extreme cruelty in the United States by your United States citizen or lawful permanent resident spouse or parent, or you are the parent of a child of a United States citizen or lawful permanent resident and the child has been battered or subjected to extreme cruelty in the United States by such citizen or lawful permanent resident parent; Prior to the service of the Notice to Appear, you have maintained continuous physical presence in the United States for three 3 years or more and you have been a person of good moral character as defined in section f of the INA during such period; You are not inadmissible under sections a 2 or a 3 of the INA, you are not deportable under section a 1 G or sections a 2 - 4 of the INA, and you have not been convicted of an aggravated felony as defined under the INA; a. Your removal would result in extreme hardship to you or your child who is the child of a United States citizen or lawful permanent resident; or b. You are a child whose removal would result in extreme hardship to you or your parent; and 5.
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If eligible, individuals in removal proceedings can apply for various immigration benefits, which if granted, provide relief from removal, such as adjustment to permanent resident status, cancellation of removal, and certain waivers of inadmissibility. Eligible individuals may also seek asylum or withholding of removal, among other forms of protection relief.
Citizenship and Immigration Services. You must follow these instructions carefully in order to have your application adjudicated during removal proceedings. See 70 Federal Register January 31, codified at 8 C. Parts and If the Immigration Judge grants your application, you will be given the Post-Order Instructions for Individuals Granted Relief or Protection from Removal by Immigration Court at the conclusion of the removal proceedings.
These post-order instructions describe the steps you should follow to obtain documentation of your immigration status and work authorization. If relief or protection is granted by the BIA, your BIA decision will contain similar instructions for obtaining your documentation. You may obtain additional information on receiving documentation following your receipt of an EOIR order granting you immigration benefits at the page on this website devoted to that information.
List of Downloadable EOIR Forms
Immigration Law Firm in New York
Cancellation of Removal For Permanent Residents