Cancellation of Removal for Lawful Permanent Residents

Cancellation of removal is a form of relief from removal proceedings for LPRs. In other words, it provides a way for LPRs to avoid being deported.

Cancellation of Removal Eligibility Criteria

Cancellation of removal of a lawful permanent resident is outlined in section 240A of the Immigration and Nationality Act. An individual must meet specific eligibility requirements to be eligible for cancellation of removal proceedings. These include:

The cancellation of removal is a type of relief for individuals who are currently in removal proceedings in the U.S. The exact eligibility requirements for cancellation of removal can vary depending on whether the person is a lawful permanent resident (LPR) or a non-permanent resident.

For Lawful Permanent Residents (LPR):

• Seven-Year Requirement: The applicant must have been a lawful permanent resident (green card holder) for at least five years.
• Continuous Physical Presence: The applicant must have resided in the U.S. continuously for seven years after being admitted to any status.
• No Aggravated Felony Convictions: The applicant must not have been convicted of any aggravated felony.

For Non-Permanent Residents:

• Physical Presence: The applicant must have been physically present in the U.S. for a continuous period of at least ten years before the issuance of the Notice to Appear (NTA). Any absences during this period should be brief, casual, and innocent.
• Good Moral Character: During the ten years mentioned above, the applicant must have been of good moral character. Any criminal record or certain immigration violations may affect this requirement.
• No Disqualifying Criminal Convictions: The applicant must not have certain criminal convictions. These include crimes involving moral turpitude, aggravated felonies, drug crimes, etc.
• Exceptional and Extremely Unusual Hardship: The applicant must establish that removal would result in extreme hardship to their U.S. citizen or lawful permanent resident spouse, parent, or child. The hardship to the applicant themselves is not considered.

It is important to note that LPRs who have been convicted of certain crimes, including but not limited to, aggravated felonies, may not be eligible for cancellation of removal. Moreover, crimes involving moral turpitude or any criminal convictions can affect eligibility. Additionally, LPRs who have been placed in removal proceedings due to security or terrorism-related grounds may also not be eligible for cancellation of removal.

As per the provisions of the Immigration and Nationality Act, cancellation of removal is available only once and cannot be used as a relief more than one time.

An attorney can assist in evaluating the specific eligibility requirements for a particular case.