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That you have been “continuously physically present” in the
U.S. for a least 10 years
- This time period begins the date of your arrival and most commonly ends when you have received your notice of removal proceedings, if you’ve been convicted of a crime, or have been absent for 90 consecutive days or multiple absences totaling 180 days.
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You can show that you have “good moral character”
- Sometimes the law will provide examples where a person cannot have good moral character, and other times the judge will decide on their own that you do not. For this requirement, it’s essential to present as much evidence as you can to show that you deserve to stay.
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Being removed from the U.S. would cause “exceptional and extremely
unusual hardship” to your “qualifying relatives”
- This is more than just showing financial or emotional hardship. You have to show that your relative (either a citizen or LPR) would suffer severely beyond what would be expected if a loved one were to move away.
- You haven’t been convicted of certain crimes or violated certain laws.
- That you have legally lived in the U.S. for at least 5 years
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You have lived continuously in the U.S. for at least 7 years after you
were granted LPR status and “before the stop time rule is triggered”
- A noncitizen’s continuous time spent living in the U.S. stops states that a noncitizen stops accruing continuous presence upon receiving notice of removal proceedings. However, the Supreme Court recently ruled on this so speak with your attorney about whether your case is affected by it
- You haven’t been convicted of an aggravated felony
- You have never been granted Cancellation of Removal in the past
- You deserve to win your case