CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR NON-LPRs-INA §240A(b); 8 U.S.C. §1229b(b); 8 C.F.R. §§1240.11(a), 1240.20.
Eligibility-The AG may cancel the removal and adjust the status of a non-LPR who is inadmissible or deportable if he or she:
Has been physically present in the U.S. for a continuous period of not less than 10 years immediately preceding the date of such application;
Has been a person of good moral character for 10 years;
Has not been convicted of an offense under INA §§212(a), 237(a)(2) or 237(a)(3); and
Establishes that removal would result in exceptional and extremely unusual hardship to his or her USC or LPR spouse, parent, or child.
Warrants a favorable exercise of discretion.
INELIGIBLE FOR NON-LPR CANCELLATION-INA §240A(c):
Entered as a crewman subsequent to June 30, 1964;
Was admitted on J to receive graduate medical training whether or not s/he received a waiver, or was on J with 2-year foreign residency requirement and never fulfilled the requirement or received a waiver;
Inadmissible under INA §212(a)(3) or deportable under INA §237(a)(4) [security grounds];
Persecuted others under INA §241(b)(3)(B)(i);
Previously received suspension, §212(c) relief, or cancellation of removal;
Was in deportation or exclusion proceedings before effective date of IIRIRA.
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