Cancellation of Removal

For some people who are not permanent residents

Nonpermanent-resident cancellation generally requires at least ten years of continuous physical presence in the United States, good moral character during the required period, no conviction for specified disqualifying offenses, and proof that removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child. The person must also meet other statutory requirements.

The hardship standard is much higher than ordinary hardship. The judge considers the qualifying relative's circumstances as a whole, including health, education, family ties, and country conditions where relevant. Hardship to the applicant alone or to a relative who is not a qualifying relative generally does not meet this requirement.

EOIR: Cancellation of Removal for Nonpermanent Residents

For some lawful permanent residents

A lawful permanent resident may qualify if they have held permanent-resident status for at least five years, lived continuously in the United States for at least seven years after admission in any status, and have not been convicted of an aggravated felony. Unlike the nonpermanent-resident test, the statute does not list a separate good-moral-character requirement for LPR cancellation, though the judge may weigh character and other positive and negative factors when deciding discretion.

The stop-time rule and other statutory bars can affect how residence or physical presence is counted. Travel, prior immigration proceedings, criminal history, and the exact dates of admission can change the analysis. A calendar count alone cannot determine eligibility.

8 U.S.C. § 1229b: Cancellation of Removal

Evidence and the court hearing

Evidence may include immigration and travel records, tax and employment records, school records, medical records, criminal-court dispositions, and declarations from family or community members. For a nonpermanent-resident case, evidence should address both eligibility and the qualifying relative's hardship. Follow the judge's filing deadlines and provide required copies and translations.

The immigration judge hears testimony and decides whether the legal requirements are met. The person requesting relief has the burden of proof. Even when a person is eligible, cancellation is discretionary, so the judge weighs the full record. The case may take months or longer to reach a hearing; timing varies by court, detention status, and the issues in the case.

There is an annual limit on certain grants

Federal law limits grants of nonpermanent-resident cancellation and certain related relief to 4,000 in a fiscal year. Because of this cap, an otherwise eligible case may not be granted immediately after the hearing. The cap does not replace the eligibility requirements and does not mean every qualifying application will be approved.

The rules for counting time, criminal bars, hardship, and the annual cap are technical and may be affected by current agency procedures or court decisions. A qualified immigration representative can review the records and explain how the rules apply to a specific case.

8 U.S.C. § 1229b: Cancellation of Removal