Cancellation of removal is a form of relief from deportation available to certain non-citizens and lawful permanent residents (LPRs) in the United States who are in removal (deportation) proceedings before an immigration judge. This legal provision allows individuals who meet specific criteria to avoid deportation and, in some cases, to obtain lawful permanent resident status. The requirements and process differ significantly between non-LPRs and LPRs.

 

 

Non-LPR cancellation of removal is available to non-permanent residents who can demonstrate:

 

1. Physical Presence: They have been physically present in the U.S. for a continuous period of at least 10 years prior to the date of application.
2. Good Moral Character: They have maintained good moral character during this period.
3. No Disqualifying Offenses: They have not been convicted of certain crimes that would make them ineligible.
4. Exceptional and Extremely Unusual Hardship: Their removal would cause exceptional and extremely unusual hardship to their U.S. citizen or lawful permanent resident spouse, parent, or child.

Applicants must apply for this relief in immigration court, and it is subject to the discretion of the immigration judge. It's important to note that there is an annual cap of 4,000 grants for non-LPR cancellation of removal.

 

 

LPR cancellation of removal is available to green card holders who:

 

1. Admissibility/Deportability: Have been deemed inadmissible or deportable on certain grounds.
2. Residency: Have been an LPR for at least five years.
3. Continuous Residence: Have continuously resided in the U.S. for at least seven years after having been admitted in any status (before the issuance of the Notice to Appear or committing an offense that makes them removable).
4. No Aggravated Felonies: Have not been convicted of an aggravated felony.

The grant of cancellation of removal for LPRs does not impose an annual cap and allows them to retain their lawful permanent resident status.

 

 

To apply for cancellation of removal, individuals must complete and submit Form EOIR-42A (for LPRs) or EOIR-42B (for non-LPRs) to the Executive Office for Immigration Review (EOIR) during their removal proceedings. This process involves presenting evidence and, often, testimony in immigration court to support their case.

 

The immigration judge will then decide whether the applicant qualifies for cancellation of removal based on the evidence presented. If granted, the individual can remain in the U.S. and may receive lawful permanent resident status if they were not already an LPR. However, if denied, the individual may be removed from the United States.

 

Given the complexity of immigration laws and the high stakes involved, individuals seeking cancellation of removal are strongly encouraged to seek legal assistance from a qualified immigration attorney. This can significantly increase their chances of achieving a favorable outcome.