Cancellation of Removal
Cancellation of removal is a defense in immigration court that, for those who qualify, can stop a deportation and even lead to a green card. It has demanding requirements, and it is only available in removal proceedings.
Who may qualify
There are different forms of cancellation for lawful permanent residents and for non-residents, each with its own requirements — such as time in the U.S., good moral character, and, for non-residents, exceptional hardship to qualifying family members. The details are strict and fact-specific.
How we help
We review whether cancellation or another defense fits your case, gather the evidence of your time here and your family ties, and present the strongest possible application in court. The sooner we are involved, the more we can do. Se habla espanol.
Frequently asked questions
What is cancellation of removal?
Cancellation of removal is a defense available in immigration court that can allow certain people facing deportation to stay in the United States and, in some cases, obtain a green card. It comes in two main forms, one for lawful permanent residents and one for non-permanent residents, each with different requirements.
Is cancellation of removal only available in immigration court?
Yes. Cancellation of removal is a form of relief you request as a defense once you are in removal proceedings before an immigration judge; it is not something you can simply apply for on your own beforehand. If you are in court, an attorney can help you determine whether you may qualify.
Who qualifies for LPR cancellation of removal?
Lawful permanent resident cancellation, under §240A(a), generally requires that you have been a permanent resident for a certain number of years, have lived in the U.S. continuously for a set period, and have not been convicted of certain disqualifying crimes. A consultation can confirm whether you meet these conditions.
Who qualifies for non-LPR cancellation of removal?
Non-LPR cancellation, under §240A(b), generally requires a long period of continuous physical presence in the U.S., good moral character, no disqualifying offenses, and proof that removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or permanent-resident relative. Because the standard is demanding, an attorney should assess your case.
How many years do I need to be in the U.S. for cancellation?
The required time depends on which type of cancellation you seek, with LPR and non-LPR cases having different presence requirements. Certain events can also cut off or “stop the clock” on your time, so it is important to have an attorney review your history.
What is exceptional and extremely unusual hardship?
For non-LPR cancellation, you must show that your removal would cause exceptional and extremely unusual hardship to a qualifying relative, which is a high standard beyond the ordinary hardship of family separation. Medical, educational, financial, and country-condition factors can all matter, and an attorney can help present them.
Who is a qualifying relative for cancellation of removal?
For non-LPR cancellation, qualifying relatives are generally U.S. citizen or lawful permanent resident spouses, parents, or children. The hardship must be to that relative, not only to you, so a consultation can confirm whether you have a qualifying relative.
What is good moral character in this context?
Good moral character generally means that during a required period you have not engaged in certain conduct or crimes that the law treats as disqualifying. Because many factors can affect this finding, a licensed attorney should review your record before you rely on cancellation.
Can I get a green card through cancellation of removal?
Yes. If an immigration judge grants non-LPR cancellation, it can result in lawful permanent residence, while LPR cancellation lets a permanent resident keep the green card they already have. Approval is discretionary and not guaranteed, so strong preparation is essential.
Does a criminal record affect cancellation of removal?
Certain convictions can disqualify someone from cancellation or make the case much harder, but not every offense is a bar. Because the immigration consequences of crimes are complex, never assume you are ineligible without having an attorney review the specifics.
How many cancellation cases are approved each year?
Non-LPR cancellation has an annual limit on how many grants can be issued, which can affect the timing of final decisions. An attorney can explain how this may impact your case and timeline.
Can I apply for cancellation if I entered without inspection?
Yes, non-LPR cancellation may be available to people who entered without inspection, since it is aimed at long-time residents facing removal rather than at how they entered. A consultation can tell you whether your presence, character, and hardship factors line up with the requirements.
What happens if my cancellation case is denied?
If an immigration judge denies cancellation, there may be options such as an appeal or other forms of relief, depending on your circumstances. An attorney can review the decision and advise you on whether and how to challenge it.
Do I need a lawyer for cancellation of removal?
Cancellation of removal is one of the more complex and high-stakes defenses in immigration court, so having a licensed attorney or accredited representative is strongly recommended. A notary or “notario” cannot represent you or give legal advice; se habla espanol.
What is the difference between the two types of cancellation?
LPR cancellation under §240A(a) is for green-card holders who meet residence and criminal requirements, while non-LPR cancellation under §240A(b) is for non-permanent residents who show long presence, good moral character, and exceptional and extremely unusual hardship to a qualifying relative. Which one applies depends entirely on your status and history.
Can time outside the U.S. hurt my cancellation case?
Yes. Trips outside the United States, or certain events like being served with charging documents, can interrupt the continuous presence you need for cancellation. An attorney can review your travel history to see how it affects your eligibility.
Can my whole family benefit if I win cancellation?
Cancellation is decided for the individual applicant, but a grant can bring stability to the entire household, and in some situations relatives may have their own options. A consultation can explain how a favorable decision may affect your family.
What evidence helps a cancellation of removal case?
Strong cases often include proof of long residence, tax and employment records, evidence of good moral character, and detailed documentation of the hardship a qualifying relative would face. An attorney can help you gather and organize the right evidence for your situation.
How long does a cancellation of removal case take?
Because these cases proceed through immigration court, timelines can be long and vary with court backlogs and the annual limit on certain grants. An attorney can give you a realistic sense of what to expect in your case.
I got a notice to appear in immigration court — what should I do?
Receiving a Notice to Appear means you are in removal proceedings, where defenses like cancellation of removal may become available, so it is important not to ignore it. Contact a licensed attorney right away to review your options and deadlines, and know that help is available in Spanish — se habla espanol.
This is federal law — but where you are still matters
What is on this page applies the same way in every state. Which office and court handle your case, how detention works where you are, and how far local police cooperate with immigration enforcement are not the same across California, Arizona and New Mexico. Pick your state for that.