Green Card

Cancellation of Removal

Cancellation of Removal

Cancellation of removal is a defense that may allow certain noncitizens to remain in the United States during removal proceedings. If approved, a lawful permanent resident may keep their green card, while a qualifying nonpermanent resident may obtain lawful permanent resident status.

This relief is available only before an immigration judge. It cannot be requested directly from USCIS, and satisfying the basic requirements does not guarantee approval. The applicant must prove eligibility and show that the case deserves a favorable exercise of discretion.

Cancellation of Removal for Lawful Permanent Residents

Under INA § 240A(a), a lawful permanent resident must establish that:

  1. They have held lawful permanent resident status for at least five years.
  2. They have continuously resided in the United States for at least seven years after being admitted in any lawful status.
  3. They have not been convicted of an aggravated felony.
  4. The positive factors in their case justify a favorable exercise of discretion.

Permanent residents are not required to prove exceptional hardship or good moral character as separate statutory elements. However, the immigration judge may consider family ties, employment, community involvement, rehabilitation, criminal history, immigration violations, and other positive or negative factors.
The application is filed using Form EOIR-42A.

Cancellation of Removal for Nonpermanent Residents

Under INA § 240A(b)(1), a nonpermanent resident must establish that:

  1. They have accumulated at least ten years of continuous physical presence in the United States under the applicable stop-time rules.
  2. They have been a person of good moral character during the legally required period.
  3. They have not been convicted of an offense described in INA §§ 212(a)(2), 237(a)(2), or 237(a)(3), subject to any applicable statutory waiver.
  4. They have a U.S. citizen or lawful permanent resident spouse, parent, or child who qualifies under the law.
  5. Their removal would cause that relative exceptional and extremely unusual hardship.
  6. Their case warrants a favorable exercise of discretion.

A qualifying child generally must remain unmarried and under 21 through the final administrative decision, including while an appeal is pending. The applicant’s personal hardship is not sufficient unless it affects the hardship experienced by a qualifying relative.
The application is filed using Form EOIR-42B.

What Is Exceptional and Extremely Unusual Hardship?

Exceptional and extremely unusual hardship is a demanding legal standard. The hardship must substantially exceed the difficulties ordinarily experienced when a family member is removed from the United States.
The immigration judge evaluates the circumstances together, including:

  • Serious medical conditions and access to treatment
  • Special educational or developmental needs
  • The qualifying relative’s age, health, and dependence on the applicant
  • Financial and caregiving consequences
  • The effects of family separation

Financial loss, emotional distress, or reduced educational opportunities generally will not satisfy the standard without additional compelling circumstances. The hardship must be supported with specific, credible, and well-organized evidence.
The 2026 decision in Matter of Arevalo-Vargas reinforces both the demanding hardship standard and the requirement that a child remain a qualifying relative while the case is pending.

The Stop-Time Rule and Breaks in Physical Presence

The stop-time rule can determine whether an applicant has accumulated the required seven or ten years. For most applicants, the period ends when the person is served with a legally sufficient Notice to Appear or commits certain specified offenses, whichever occurs first.
For nonpermanent residents, a departure lasting more than 90 days—or multiple departures totaling more than 180 days—generally breaks continuous physical presence. Certain shorter departures involving a formal removal process may also create a break.
Because these rules are technical, the Notice to Appear, travel history, and criminal record should be reviewed carefully. Matter of Chen addresses important stop-time and physical-presence principles.
A narrow exception to the residence or presence requirement may apply to certain applicants who completed at least 24 months of active-duty service in the U.S. Armed Forces, were present in the United States when they entered service, and, if no longer serving, were honorably separated.

VAWA Special Rule Cancellation of Removal

Different requirements apply to certain victims of battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent. Relief may also be available to the parent of a child abused by the child’s U.S. citizen or permanent resident parent, or to certain intended spouses whose marriage was invalid because of the abuser’s bigamy.

An applicant for VAWA special rule cancellation of removal generally must establish:

  1. Battery or extreme cruelty by a qualifying abuser.
  2. At least three years of continuous physical presence in the United States.
  3. Good moral character during the required period.
  4. No disqualifying inadmissibility, deportability, or aggravated-felony conviction.
  5. Extreme hardship to the applicant, the applicant’s child, or the applicant’s parent.
  6. Eligibility for a favorable exercise of discretion.

Different stop-time and absence rules apply in these cases. Certain conduct or absences connected to the abuse may also receive special consideration. VAWA special rule cancellation is filed using Form EOIR-42B.

Other Bars to Cancellation of Removal

Permanent-resident and standard nonpermanent-resident applicants may be barred from cancellation of removal if they:

  • Entered the United States as a crewman after June 30, 1964
  • Entered or obtained J status to receive graduate medical education or training
  • Are subject to an unfulfilled two-year foreign-residence requirement as certain J exchange visitors
  • Are subject to specified national-security or terrorism-related grounds
  • Participated in the persecution of another person
  • Previously received cancellation of removal, suspension of deportation, or former INA § 212(c) relief

Criminal charges, convictions, and plea agreements require careful immigration analysis. A conviction that is not an aggravated felony may still stop the accumulation of residence, disqualify a nonpermanent resident, or cause an immigration judge to deny relief as a matter of discretion.

Applying for Cancellation of Removal

The appropriate application must be filed with the immigration court. Applicants must comply with current filing-fee, biometrics, service, and court requirements.

Supporting evidence may include:

  • Immigration and entry records
  • Proof of residence or physical presence
  • Tax, employment, school, medical, and financial records
  • Proof of family relationships and relatives’ immigration status
  • Criminal complaints, plea documents, and certified court dispositions
  • Evidence of hardship, rehabilitation, community involvement, or abuse
  • Written statements and witness testimony

Documents written in another language must include a complete English translation and the translator’s certification.

Federal law limits the number of nonpermanent-resident cancellation grants available each fiscal year. This limitation may delay the issuance of some favorable decisions.

Schedule an immigration consultation

Eligibility for cancellation of removal depends on factors such as immigration history, time in the United States, criminal history, and, where required, qualifying relatives and hardship evidence.

Schedule an immigration consultation with Immigration Attorney Osas Iyamu at the Law Offices of Osas Iyamu, LLC, in Ocala, Florida, to discuss whether cancellation of removal may be available and what evidence your case would require.

Toll-free: 1-800-974-6480
Local office / WhatsApp: 352-237-2403

This page provides general information and is not legal advice. Reading this page does not create an attorney-client relationship.

Last reviewed: September 2026.