Cancellation of removal is relief decided in removal proceedings, with separate requirements for lawful permanent residents and nonpermanent residents. Years spent in the United States or having a U.S. citizen child alone do not establish eligibility. The immigration judge must evaluate the applicable statutory requirements and discretion. [1]
Permanent-resident cancellation
The ordinary LPR provision requires at least five years as a lawful permanent resident, seven years of continuous residence after admission in any status, and no aggravated-felony conviction. These are different measurements: the seven-year period does not necessarily start on the green card approval date. Other statutory exclusions must also be considered. [1]
Create a timeline of admissions, permanent residence, departures, criminal conduct, convictions, and immigration charging documents. A label on a state criminal case does not by itself determine whether the conviction is an immigration aggravated felony.
Non-LPR cancellation and the hardship standard
The ordinary non-LPR provision requires at least ten years of continuous physical presence, good moral character during the relevant period, absence of the specified disqualifying offenses, and exceptional and extremely unusual hardship to a qualifying U.S. citizen or LPR spouse, parent, or child. The hardship requirement is substantially more specific than showing that removal would be difficult. [1]
Focus evidence on the qualifying relative’s actual circumstances: serious medical needs, education, care arrangements, financial dependence, and conditions affecting the proposed family arrangements. Explain the evidence rather than assuming the existence of children proves the statutory hardship. Separate rules exist for certain battered spouses and children. [1]
Check stop-time before counting years
Section 1229b(d) contains stop-time rules involving qualifying charging documents and specified offenses. It also addresses certain interruptions of physical presence. The legally relevant document and offense details can determine whether enough time accrued; counting backward from the hearing or application date may give the wrong answer. [1]
Obtain the complete notices and criminal records before relying on a residence calculation. An attorney should assess the actual document and governing law rather than treating every document called an NTA as legally identical.
Filing and preparing the case
EOIR uses Form EOIR-42A for LPR cancellation and EOIR-42B for the ordinary non-LPR application. The court’s instructions, filing deadlines, service requirements, and applicable biometrics process must be followed. Use the current form and payment instructions rather than relying on an old fee quoted elsewhere. [2]
Organize admissible records by statutory requirement, arrange translations and witnesses as directed, and address unfavorable facts candidly. Filing the application does not guarantee relief. Continue attending hearings and following court orders while the judge considers eligibility and whether relief should be granted.
Related questions
See 8 U.S.C. 1227: Deportability Grounds and removal while a green card application is pending.
Primary sources
Sources checked: October 31, 2026.