Comprehensive Overview of Immigration Law (COIL) Practice Exam

Which of the following is a requirement for cancellation of removal for non-LPRs?

1. Ten years of continuous physical presence

2. Proof of U.S. citizenship

3. Demonstration of employment in the U.S.

4. Application submitted before apprehension

The correct answer is: Ten years of continuous physical presence

To qualify for cancellation of removal for non-Lawful Permanent Residents (non-LPRs), an individual must demonstrate ten years of continuous physical presence in the United States. This requirement is critical because it establishes a significant period during which the individual has maintained residence in the U.S., which is essential for the immigration relief being sought. The ten-year requirement reflects an acknowledgment of the long-term ties and contributions to the community that a non-LPR may have established during that time. This provision allows individuals to present their case based on their integration into American society, including the potential impact of their removal on U.S. citizen family members, their community ties, and their contributions to society. In contrast, proof of U.S. citizenship is not relevant for non-LPRs seeking cancellation of removal, as citizenship itself negates the need for such relief. Similarly, while employment can be a positive factor in an individual’s case, it is not a specific requirement for cancellation of removal. Lastly, the requirement for an application to be submitted before apprehension pertains to a different aspect of eligibility that does not impact the necessity of demonstrating ten years of continuous physical presence.