Cancellation of removal is a discretionary form of relief available to certain individuals in removal proceedings. There are two types: one for lawful permanent residents (LPRs) and one for non-permanent residents. This relief allows qualifying individuals to remain in the United States and, in the case of non-LPRs, obtain lawful permanent resident status. The burden is on the applicant to demonstrate eligibility and merit the favorable exercise of discretion.
For LPRs: 5 years as a lawful permanent resident, 7 years continuous residence, no aggravated felony convictions
For Non-LPRs: 10 years continuous physical presence, good moral character, no disqualifying criminal convictions, exceptional and extremely unusual hardship to qualifying relatives
Must be in removal proceedings before an immigration judge
Subject to annual numerical limitations (4,000 grants per year for non-LPR cancellation)
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Who Qualifies
Lawful permanent residents who have held status for at least 5 years
LPRs with at least 7 years of continuous residence after lawful admission
Non-LPRs with 10 years of continuous physical presence
Non-LPRs who can demonstrate exceptional and extremely unusual hardship to U.S. citizen or LPR spouse, parent, or child
Persons of good moral character
Individuals not subject to certain criminal bars
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Application Process
Determine Eligibility
Consult with an immigration attorney to assess whether you meet the statutory requirements.
File Application
Submit Form EOIR-42A (for LPRs) or EOIR-42B (for non-LPRs) with the immigration court.
Gather Evidence
Compile documentation of continuous presence, good moral character, and hardship to qualifying relatives.
Individual Merits Hearing
Present your case before an immigration judge with testimony and documentary evidence.
Decision
The immigration judge will issue a decision based on your eligibility and whether you merit a favorable exercise of discretion.
Appeals (if denied)
If denied, you may appeal to the Board of Immigration Appeals within 30 days.
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Key Benefits
Relief from removal/deportation
For non-LPRs: Grants lawful permanent resident status
Ability to remain with family in the United States
Work authorization as a lawful permanent resident
Path to eventual citizenship
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Documents Needed
Form EOIR-42A or EOIR-42B
Evidence of continuous presence/residence in the U.S.
Proof of lawful permanent resident status (for LPRs)
Birth certificates of qualifying relatives
Medical records documenting hardship
Financial documentation
Tax returns and employment records
Character reference letters
Evidence of community ties and contributions
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Frequently Asked Questions
What is 'exceptional and extremely unusual hardship'?
This is a very high standard. It requires showing that removal would cause hardship to your qualifying U.S. citizen or LPR relatives that is substantially beyond what would normally be expected from deportation. Factors include medical conditions, educational needs, and country conditions.
Does time in the U.S. without status count toward the 10-year requirement?
Yes, for non-LPR cancellation, time spent in the United States regardless of immigration status counts toward the 10-year continuous physical presence requirement, as long as you have not left the country for extended periods.
Can I apply for cancellation of removal if I have a criminal record?
Certain criminal convictions, including aggravated felonies, can bar you from cancellation of removal. However, not all criminal history is disqualifying. An immigration attorney can evaluate your specific situation.
Need help with your immigration case?
Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.