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.