Cancellation of Removal

Cancellation of Removal for Legal Permanent Residents

 

This defense is available if the alien has been:

1. A lawful permanent resident for at least 5 years;
2. Has continuously resided in the United States for at least 7 years since being lawfully admitted; and
3. Has not been convicted of an aggravated felony (within the immigration law context)

Cancellation of Removal for Non-Legal Permanent Residents

This defense is available if the alien is not a legal permanent resident and if the alien:

1. Has been continuously present in the US for 10 years (with no absences >90days or with an aggregate total absence >180 days;
2. Has had good moral character for 10 years;
3. Has not convicted of offense that would make him/her removable (212(a)(2); 237(a)(2);(a)(4)); and
4. Has a legal permanent resident or US Citizen spouse, child, or parent who would experience extreme hardship as a result of the alien's removal.

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