Cancellation of Removal (COR)

cancellation

  • Cannot do COR if the person is outside the U.S. (COR is EOIR relief)
  • Must be placed in removal before you can get COR.

Test for COR NON-Lawful Permanent Resident (LPR):

**Remember VAWA COR is only 3 years**

  • Residing in U.S. continuously for 10 years
  • Have a Qualifying Relative: child/parent/spouse – must be able to show extreme and unusual hardship (NOT JUST ORDINARY HARDSHIP)
  • Be able to show Good Moral Character

COR Lawful Permanent Resident (LPR):

  • 5 years as LPR
  • Residing in the U.S. continuously for 7 years
  • No Aggravated Felonies
  • Cases involving extreme medical conditions:
    Matter of Monreo(l), matter of Rescribes – show you how to show exceptional when cannot show medical grounds: hardship need not be unconscionable – applicants parents solely dependent on him for support, compelling special needs in school, child will not be able to obtain any education, client where child not able to afford education
  • Those with further questions are welcome to consult with an attorney at the law offices of Caro Kinsella to obtain advice on this important document