Two Merits Hearings Later, EOIR 42B Cancellation of Removal Granted for Parents of U.S. Citizen!
March 22, 2024

Table of ContenTS

The Law Offices of Sabrina Li proudly presents a recent victory in our continuous effort to aid clients through complex immigration processes.

The Challenge: The Asylum Application Denial Turned Opportunity

Our clients came to our office after USCIS had denied their asylum application following two rounds of interviews. They had been placed in removal proceedings and were required to appear before the Santa Ana immigration court and wanted our help to fight against deportation.  

However, upon reviewing the client’s file, we came to realize that not only could they apply for asylum in court, but they could also apply for a process called cancellation of removal for certain non-permanent residents.  

How to Qualify for Non-LPR Cancellation of Removal

A person only qualifies for non-LPR cancellation of removal if they are in removal proceedings. Moreover, the individual must establish that:  

  1. They have been physically present in the United States continuously for at least ten years prior to the proper start of removal proceedings or the commission of certain criminal offenses;
  1. They have had good moral character for ten years;  
  1. They have not been convicted of certain disqualifying offenses;
  1. To deport them would cause exceptional and extremely unusual hardship to their spouse, parent, or child who is a United States citizen or green card holder.

Strategic Advocacy: Dual Applications for Relief

To increase the chances of our clients remaining in the United States, we pursued both asylum and cancellation of removal applications. We assisted our client in creating persuasive statements to demonstrate their eligibility for cancellation of removal. We also highlighted that they had children who were United States citizens, and that two of them had medical needs. We submitted evidence to show that the client's home country, China, did not have adequate care for United States citizens with medical conditions. Additionally, we strengthened their asylum claims by submitting additional evidence of the harm they faced in their home country. Prior to the hearing, we prepared our client and an expert witness, who was their child's psychologist, for the merits hearing.

A Complex Case with a Rewarding Conclusion

In fact, the clients’ cases were so complicated that they were scheduled for not one, but two individual hearings within months of each other so that the Immigration Judge could fully review the documents and testimony in the case and make a final decision. However, the hard fight was well won when our clients’ applications for cancellation of removal were granted!

Upon approval of our clients’ cancellation of removal applications, they are now free to remain in the United States with their United States citizen children in peace!

The Law Offices of Sabrina Li – Your Advocate for Removal Defense and Beyond

The Law Offices of Sabrina Li offers expert legal representation in immigration court, going beyond standard solutions to deliver sophisticated, customized defenses. Our approach is to ensure the best outcomes for our clients, addressing each case's unique challenges with strategic precision. For legal guidance tailored to your specific situation, contact us at (213) 375-8096 or at Trust in our dedicated advocacy to help navigate your path to a successful resolution.

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Holistic Approach

Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.

Personalized Attention

We provide a tailored approach to each client's case, ensuring that you receive individualized attention and a customized strategy for your unique situation. We adjust our strategy as your needs or circumstances change, guaranteeing a seamless transition between different phases of your immigration journey.

Passion and Commitment

Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.