Cancellation of removal is a powerful form of relief that can result in permanent residence. But the requirements are strict and proving your case requires substantial evidence.
Key Takeaways
- 10 years continuous physical presence required (non-LPR)
- Good moral character during that period
- Exceptional and extremely unusual hardship to USC/LPR relative
- Annual cap limits grants
LPR Cancellation
Lawful permanent residents face different requirements: 7 years continuous residence, 5 years as LPR, and no aggravated felony conviction.
Evidence Tips
- Document every year of presence
- Gather evidence of hardship to qualifying relatives
- Prepare witnesses to testify
- Medical and psychological evaluations help prove hardship
The 'Exceptional and Extremely Unusual Hardship' Standard
This is one of the highest standards in immigration law. It is significantly harder to prove than "extreme hardship." To win, you must show your qualifying relative (US citizen spouse, parent, or child) would suffer hardship that represents a "truly compelling diversity."
Common winning factors involve severe medical conditions requiring US treatment, special education needs for children unavailable in the home country, or the elderly age of parents who rely on you for daily care. Economic hardship alone is almost never enough.
The Stop-Time Rule
To qualify, you need 10 years of continuous physical presence. However, the "clock" stops the moment you are served a valid Notice to Appear (NTA). If you entered in 2015 and got an NTA in 2022, you only have 7 years and are ineligible. This is where Niz-Chavez arguments regarding defective NTAs become a lifeline—if the NTA was defective, it didn't stop the clock!
The 4,000 Cap
Congress limits Non-LPR Cancellation grants to 4,000 per year. This cap is always hit. Even if the Judge grants your case, you might be placed in a queue, receiving a "conditional grant" until a number becomes available next fiscal year.
The "Exceptional and Extremely Unusual Hardship" Standard
For Non-LPR Cancellation (42B), showing "hardship" to your US Citizen child is not enough. The law requires "Exceptional and Extremely Unusual Hardship." This means hardship substantially beyond that which typically results from deportation.
Winning Arguments:
1. Medical Need: A child with autism or severe asthma who cannot get treatment in your
home country.
2. Special Education: An IEP (Individualized Education Program) in school that doesn't
exist abroad.
3. Sole Breadwinner: If you are the only financial support and your departure would
make the family destitute.
We work with forensic psychologists to document the psychological trauma your deportation would cause your children. This "Hardship Evaluation" is often the most important document in the case.
Don't Risk Your Immigration Future—Get Professional Advice
Every case is unique, and small mistakes can lead to years of delays or denial. Don't rely on general online information. Schedule a consultation to discuss your specific situation with an experienced attorney who can protect your rights.
We offer a free 15-minute consultation to review your case.
Get Your Free Consultation NowCan I apply for Cancellation affirmatively?
No. Cancellation of Removal is a defensive form of relief. You can only apply for it if you are already in removal proceedings in Immigration Court. You cannot walk into a USCIS office and ask for it.
Does it give me a Green Card?
Yes. If granted, your status is "adjusted" to that of a Lawful Permanent Resident. You get a green card.
Disclaimer: This article is for general information only and is not legal advice.