Cancellation Of Removal

CANCELLATION OF REMOVAL

This relief from removal is available to permanent and non-permanent residents.  

A permanent resident applying for LPR cancellation of removal under Section 240A(a) of the Immigration and Nationality Act must meet the following requirements: (a) permanent residency for at least 5 years, (b) residence in the U.S. after admission in any status for at least 7 years and (c) no conviction for aggravated felony, as defined in the Immigration and Nationality Act.

A non-permanent resident who is in removal proceedings may apply for cancellation of removal under Section 240A(b) of the Immigration and Nationality Act, as a form of defense from removal, as long as they meet the following conditions: (a) physical presence in the U.S. for at least 10 years, (b) good moral character and not convicted of an aggravated felony under Section 212(a)(2), 237(a)(2), or 237(a)(3) of the Immigration and Nationality Act, (c) existence of a qualifying relative – U.S. citizen or permanent resident spouse, parent or child – and such relative will suffer extreme and unusual hardship if the person under removal proceedings (also known as “respondent”) is removed from the United States.

A battered spouse or child may, pursuant to a special rule, apply for VAWA cancellation of removal if the following conditions are met: (a) has been physically present in the U.S. for at least 3 years, and (b) is able to demonstrate extreme hardship to the applicant, child or parents.    

Note that cancellation of removal requires continuous physical presence or residence in the United States.  The accrual of the requisite period of time ends upon service of a Notice to Appear (NTA, which signifies the commencement of removal proceedings) or the commission of a crime that renders the person inadmissible under Section 212(a)(2) or removable under Section 237(a)(2) or 237(a)(4) of the Immigration and Nationality Act, whichever is earlier.