🚫 What Is Cancellation of Removal?
Cancellation of removal is a legal remedy that allows individuals in removal (deportation) proceedings to request that the immigration judge cancel their deportation and allow them to remain in the U.S., either by granting them lawful permanent resident (LPR) status or by preserving the LPR status they already hold.
There are two main categories:
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Non-LPR Cancellation of Removal (for undocumented or non-permanent residents)
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LPR Cancellation of Removal (for green card holders facing removal)
👥 Cancellation for Non-Permanent Residents (Non-LPRs)
To qualify, you must meet all the following:
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Have lived continuously in the U.S. for at least 10 years
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Demonstrate good moral character
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Not have certain criminal convictions
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Show that removal would cause exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent, or child
✅ If approved, you can receive a green card.
🟩 Cancellation for Lawful Permanent Residents (LPRs)
To qualify, you must:
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Have held a green card for at least 5 years
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Lived in the U.S. for at least 7 years after lawful admission
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Not been convicted of an aggravated felony
✅ If granted, you get to retain your permanent resident status.
📑 Application Process
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Initiate application during removal proceedings
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Form EOIR-42A (for LPRs) or EOIR-42B (for non-LPRs)
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Provide supporting documents (evidence of hardship, residency, etc.)
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Attend individual (merits) hearing
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Wait for the immigration judge’s decision
📌 Key Considerations
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There is an annual cap on Non-LPR cancellations (10,000 grants/year)
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No cap exists for LPR cancellations
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Fraud or false testimony can disqualify you
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Strong documentation of family hardship is critical
❓ FAQs About Cancellation of Removal
Q: Can I apply if I’ve already been ordered deported?
A: Not usually. You must apply before the removal order becomes final.
Q: What counts as “exceptional hardship”?
A: Conditions like serious illness, disability, or major educational/emotional impact on your U.S. citizen child.
Q: Can I get a work permit while my case is pending?
A: Possibly, if your application is accepted and pending for a long period.
🧠 Legal Insight
This is one of the most complex forms of relief. Judges have discretion and may deny even strong cases. Success heavily depends on legal representation, documentation, and courtroom preparation.
✅ Conclusion
Cancellation of removal offers a lifeline—but it’s not automatic. Let our experienced immigration lawyers build a compelling case to keep you and your family together in the U.S.
📞 Contact Borderless Lawyers now to assess your eligibility and defend your right to stay.