Cancellation of Removal
There are two main types of Cancellation of Removal: one for Lawful Permanent Residents (LPRs) and another for Non-Lawful Permanent Residents (Non-LPRs). While both provide relief from deportation, the eligibility criteria and the nature of the relief differ significantly.
What are the requirements to petition for Cancellation of Removal for Lawful Permanent Residents?
- Lawful Permanent Residency for 5 Years: You must have held a green card for at least 5 years before applying.
- Continuous U.S. Residence for 7 Years: You must have lived in the U.S. continuously for 7 years after being admitted in any status.
- No Aggravated Felonies: You must not have been convicted of an aggravated felony, as it makes you ineligible for this relief.
- 10 Years of Continuous Physical Presence: You must have been physically present in the U.S. for at least 10 years before receiving a Notice to Appear in immigration court.
- Good Moral Character: You must demonstrate good moral character during this 10-year period.
- Exceptional Hardship to Qualifying Relatives: You must prove that your removal would cause “exceptional and extremely unusual hardship” to a U.S. citizen or lawful permanent resident spouse, parent, or child.
- No Disqualifying Criminal Convictions: Certain criminal offenses, especially aggravated felonies, will make you ineligible for this relief.
Frequently Asked Questions
