Cancellation of removal is a form of relief from deportation or removal. You can only apply for cancellation of removal if you have an open case in deportation or removal proceedings in Immigration Court before an Immigration Judge.

What are the different kinds of Cancellation of Removal?

Cancellation of Removal can be divided into following two categories:

I. Cancellation of Removal for Legal Permanent Residents (LPRs)

The Attorney General may cancel the deportation of an LPR if he or she:

  • Has been “lawfully admitted for permanent residence for 5 years;
  • Has resided in the U.S. continuously for 7 years after having been admitted in any status
  • Has not been convicted of an aggravated felony.
  • Warrants a favourable exercise of discretion.

II. Cancellation of Removal for Non-Legal Permanent Residents (Non-LPRs)

A non-LPR who has been present in the U.S. without any lawful status is inadmissible or deportable. In such cases, Attorney General may cancel the deportation and adjust the status of a non-LPR who is inadmissible or deportable if he or she:

  • Has been physically present in the U.S. 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 for 10 years;
  • Has not been convicted of an offence under INA §§212(a), 237(a)(2) or 237(a)(3);
  • Establishes that removal would result in exceptional and extremely unusual hardship to the United States Citizen or Legal Permanent Resident spouse, parent, or child.

There are several factors that may make a person ineligible for Cancellation of Removal.

Our office handles cases involving Cancellation of Removal. We study the entire case thoroughly to determine if the client meets the requirement for Cancellation of Removal and Adjustment of Status. We guide our clients throughout the process to provide them with a detail explanation of the entire procedure and the requirements to qualify for the Cancellation of deportation.

Our team is experienced in handling Cancellation of Removal cases and our deep knowledge and understanding of the subject matter makes it easier for us to efficiently represent our clients in the immigration court.