This remedy is a way of obtaining a green card if you can prove ten years’ physical presence in the U.S., and can also show that your being removed would cause “exceptional and extremely unusual hardship” to your “qualifying relative” (a spouse, parent, or child who is a U.S. citizen or permanent resident).
If you are a lawful permanent resident (LPR or green card holder) and you find yourself in removal proceedings because of a criminal conviction, you may be eligible for cancellation of removal for lawful permanent residents if you can prove the following: have been a lawful permanent resident of the U.S. for at least five years at the time that the application is filed have continuously resided in the U.S. for at least seven years after being admitted in any status and before the “stop-time rule” is triggered have not been convicted of an aggravated felony have not received cancellation of removal or 212(c) relief in the past, and as a matter of discretion, deserve to win your case.
Protection under CAT is available only if it is “more likely than not” that the government of the applicant’s home country—or some person or group the government cannot control—will torture that person. The reasons for said torture must be nefarious (unlike with an asylum case, where you must prove that the persecution is related to you fitting within one of five protected grounds–the reasons for torture are generally broad). CAT is also like withholding in that persons who receive CAT protection cannot ever get U.S. permanent residence or travel internationally. CAT recipients usually receive permission to remain and work in the United States.
© 2023 Saenz-Garcia Law, PLLC
