Cancellation of Removal

What Are the Eligibility Requirements to Apply for Cancellation of Removal?

The requirements for canceling removal differ depending on whether you are a lawful permanent resident or a nonpermanent resident. Below is a breakdown of the eligibility criteria for both categories.

Lawful Permanent Residents

LPRs may qualify for cancellation of removal if they:

• Have been a lawful permanent resident for at least five years.
• Have lived continuously in the U.S. for at least seven years.
• Have not been convicted of an aggravated felony, which includes serious crimes like drug trafficking, murder, or rape.

Nonpermanent Residents

Nonpermanent residents may apply for cancellation of removal under two main categories: 10-year and three-year cancellations.

10-Year Cancellation

To qualify, applicants must:

• Have continuously lived in the U.S. for at least 10 years.
• Demonstrate good moral character.
• Not have committed any disqualifying offenses.
• Prove that removal would cause exceptional hardship to a U.S. citizen or LPR family member (spouse, parent, or child).

Three-Year Cancellation (VAWA)

This option is for victims of domestic violence. To qualify, applicants must:

• Have suffered abuse by a U.S. citizen or LPR spouse or parent.
• Have lived with the abuser in the U.S.
• Have been in the U.S. for at least three years.
• Demonstrate good moral character and avoid disqualifying crimes.
• Prove that removal would cause extreme hardship to themselves or their child.

Nonpermanent residents who are victims of domestic violence may also apply if they can show that their removal would result in extreme hardship to themselves or a qualifying relative.

What Happens After a Grant of Cancellation of Removal?

If your application for cancellation of removal is granted, your status will be adjusted to that of a lawful permanent resident (green card holder). You can live and work legally in the U.S. and may eventually apply for naturalization to become a U.S. citizen. However, it is important to understand that this form of relief is discretionary, meaning the judge will consider both positive and negative factors in your case before making a decision.