Cancellation of Removal

This is a discretionary remedy for a lawful permanent resident who has been a permanent resident for at least five years and has resided continuously in the United States for at least seven years after having been admitted in any status, who has not been convicted of an aggravated felony. Cancellation is also available to persons who are not permanent residents and who have been physically present in the united states for a continuous period of not less than 10 years immediately following the date of their application or the date of the notice to appear, if the person has been of good moral character during such period, has not been convicted of certain offenses, and establishes that removal would result in exceptional and extremely unusual hardship to their U.S. citizen spouse or permanent resident spouse, parent, or child. Applicants can be absent from the United States for up to 180 days during the 10 years and continue to maintain physical presence.

Cancellation of removal protects persons placed in deportation proceedings before the U.S. Executive Office for Immigration Review (EOIR).

Cancellation of removal can be a viable option for lawful permanent residents who have been placed in immigration proceedings because of criminal convictions that make them subject to deportation. It can also benefit nonpermanent residents who meet certain requirements such as residency requirement and extreme and exceptionally unusual hardship felt by a qualifying family member.