Cancellation of Removal
A Path to Permanent Residence for Long-Term Residents
Comprehensive guide to Cancellation of Removal under INA § 240A, including 10-year cancellation for non-LPRs, LPR cancellation, and VAWA cancellation.
What is Cancellation of Removal?
Cancellation of Removal is a form of relief from deportation available to certain non-citizens in removal proceedings before an Immigration Judge. If granted, the applicant's removal is cancelled and they are granted lawful permanent resident (green card) status. This relief is governed by INA § 240A and comes in three main forms: LPR Cancellation, Non-LPR Cancellation (10-Year), and VAWA Cancellation.
Types of Cancellation of Removal
For Lawful Permanent Residents (Green Card Holders)
This form of cancellation allows green card holders who have become deportable due to criminal convictions or other grounds to retain their permanent resident status.
Requirements:
- Lawfully admitted for permanent residence for at least 5 years
- Resided in the U.S. continuously for 7 years after admission in any status
- Has NOT been convicted of an aggravated felony
Important: There is NO hardship requirement for LPR cancellation. The applicant only needs to meet the time and criminal requirements.
10-Year Cancellation for Undocumented Individuals
This is the most common form of cancellation, allowing undocumented individuals who have lived in the U.S. for at least 10 years to obtain a green card if they can demonstrate exceptional hardship to a qualifying relative.
Four Requirements:
10 Years of Continuous Physical Presence
You must have been physically present in the United States for a continuous period of at least 10 years immediately before filing your application. Brief, casual, and innocent departures do not break continuity, but absences of more than 90 days at once, or 180 days total, may break continuous presence.
Good Moral Character
You must demonstrate good moral character during the entire 10-year period. Certain acts automatically bar a finding of good moral character, including aggravated felonies, crimes involving moral turpitude, drug offenses, and incarceration for 180+ days.
No Disqualifying Criminal Convictions
You cannot have been convicted of certain criminal offenses listed in INA § 212(a)(2) (inadmissibility grounds), INA § 237(a)(2) (deportability grounds), or INA § 237(a)(3) (failure to register/document fraud).
Exceptional and Extremely Unusual Hardship
This is the most difficult requirement. You must prove that your removal would result in exceptional and extremely unusual hardship to your U.S. citizen or lawful permanent resident spouse, parent, or child. Hardship to yourself does NOT count.
3-Year Cancellation for Domestic Violence Victims
This special form of cancellation is available to victims of domestic violence who have been battered or subjected to extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent.
Requirements:
- Physical presence in the U.S. for at least 3 continuous years
- Good moral character during those 3 years
- Battered or subjected to extreme cruelty by a USC or LPR spouse or parent
- Not inadmissible under certain criminal grounds
- Not deportable under certain grounds
- Removal would result in extreme hardship to the applicant, child, or parent
Key Advantages:
- Only 3 years of presence required (vs. 10 years)
- Lower hardship standard ("extreme" vs. "exceptional and extremely unusual")
- Hardship can be to the applicant themselves
- NOT subject to the annual 4,000 cap
Understanding "Exceptional and Extremely Unusual Hardship"
This is a higher standard than the "extreme hardship" required for waivers. The hardship must be to a QUALIFYING RELATIVE, not to the applicant. Immigration judges consider the cumulative effect of all hardship factors.
Factors Considered:
Age of Qualifying Relative
Young children and elderly parents face greater hardship from separation or relocation
Family Ties
Extent of family connections in the U.S. versus the home country
Length of Residence
How long the qualifying relative has lived in the U.S.
Health Conditions
Medical conditions requiring specialized treatment unavailable abroad
Financial Impact
Economic hardship, loss of income, inability to support family
Educational Disruption
Impact on children's education, especially those with special needs
Country Conditions
Violence, instability, or lack of opportunities in the home country
Psychological Impact
Emotional and mental health effects of separation
The BIA has stated that hardship must be "substantially beyond that which would ordinarily be expected to result from deportation." (Matter of Recinas)
The Stop-Time Rule
One of the most critical concepts in cancellation cases is the "stop-time rule." Your continuous presence clock STOPS when certain events occur:
Service of NTA
When you are served with a Notice to Appear (NTA), your clock stops on that date
Commission of Certain Crimes
Committing certain criminal offenses stops the clock on the date of the offense
Departure from U.S.
Leaving the U.S. for more than 90 days at once, or 180 days total, breaks continuity
Critical: You must have accumulated your 10 years of presence BEFORE the stop-time event. If you received an NTA after only 8 years, you do NOT qualify.
Comparison of Cancellation Types
| Feature | LPR Cancellation | Non-LPR (10-Year) | VAWA (3-Year) |
|---|---|---|---|
| Statutory Basis | INA § 240A(a) | INA § 240A(b)(1) | INA § 240A(b)(2) |
| Time Required | 5 years as LPR + 7 years residence | 10 years continuous presence | 3 years continuous presence |
| Hardship Required | None | Exceptional & extremely unusual | Extreme hardship |
| Hardship to Whom | N/A | USC/LPR spouse, parent, or child | Self, child, or parent |
| Annual Cap | No cap | 4,000 per year | No cap |
| Aggravated Felony Bar | Yes - absolute bar | Yes - bars good moral character | Yes - bars eligibility |
| Form Used | EOIR-42A | EOIR-42B | EOIR-42B |
The 4,000 Annual Cap
Congress has limited the number of non-LPR cancellation grants to 4,000 per fiscal year. This means that even if you meet all requirements, you may have to wait for a number to become available. VAWA cancellation and LPR cancellation are NOT subject to this cap.
The Application Process
Removal Proceedings
You must be in removal proceedings before an Immigration Judge. You cannot apply for cancellation affirmatively with USCIS.
File Application
File Form EOIR-42A (LPR) or EOIR-42B (Non-LPR/VAWA) with the Immigration Court, along with supporting evidence.
Gather Evidence
Compile extensive documentation proving your continuous presence, good moral character, and hardship to qualifying relatives.
Individual Hearing
Present your case before the Immigration Judge, including testimony from you and witnesses.
Judge's Decision
The judge will issue a decision. If granted, your removal is cancelled and you receive a green card.
Appeals
If denied, you may appeal to the Board of Immigration Appeals (BIA) within 30 days.
Evidence to Gather
- Tax returns for 10+ years
- Utility bills, rent receipts, lease agreements
- School records for children
- Medical records
- Employment records, pay stubs
- Bank statements
- Church membership records
- Affidavits from community members
- Police clearance letters
- Letters from employers
- Community service records
- Church attendance records
- Character reference letters
- Evidence of rehabilitation (if applicable)
- Medical records of qualifying relatives
- Psychological evaluations
- Country condition reports
- Expert witness declarations
- Financial records showing dependency
- School records showing special needs
- Letters from doctors, teachers, therapists