Cancellation of Removal

Cancellation of removal is available for lawful permanent residents (LPRs) and non-LPRs.

Cancellation of Removal for LPRs

An LPR is eligible to have his or her removal cancelled if he or she:

  • Has been an LPR for at least 5 years;
  • Has resided in the U.S. continuously for 7 years after being admitted in any status; and
  • Has not been convicted of an aggravated felony

If he or she meets these criteria, then cancellation or removal may be granted in the exercise of discretion.  Some of the factors considered in the exercise of discretion are: family ties in the U.S., length of time in U.S., hardship to self and family, military service, employment history, ties to the community, evidence of good moral character, criminal history, and circumstances surrounding the immigration violation and previous violations.

Cancellation of Removal and Adjustment of Status for non-LPRs

A non-LPR may have his or her removal cancelled and be allowed to adjust status to LPR if he or she:

  • Has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;
  • Has been a person 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 U.S. citizen or LPR spouse, parent, or child

If he or she meets these criteria, then cancellation or removal may be granted in the exercise of discretion.  Some of the factors considered in the exercise of discretion are: family ties in the U.S., length of time in U.S., hardship to self and family, military service, employment history, ties to the community, evidence of good moral character, criminal history, and circumstances surrounding the immigration violation and previous violations.