Anyone facing removal proceedings is in a nerve-racking situation. But if you’re a lawful permanent resident (LPR), U.S. immigration law offers a tool called cancellation of removal that may allow you to remain in the country and keep your green card.
What Cancellation of Removal Does
Cancellation of removal lets an immigration judge stop your deportation. If granted:
- You retain your green card.
- You stay in the U.S. and continue working and living normally.
- You can later apply for citizenship if eligible.
It’s discretionary. That means the judge looks at your whole case, including your ties to family, your job, community involvement, and any negative factors.
The Legal Basis
The law comes from Section 240A of the Immigration and Nationality Act (INA). This section sets out who can apply and the requirements.
Who Is Eligible for Cancellation of Removal as an LPR
To qualify, you must meet all three requirements:
- Time as a Lawful Permanent Resident
You must have held your green card for at least five years before filing.
- Continuous Residence in the U.S.
You must show at least seven years of continuous residence in the U.S. after being admitted in any lawful status.
- No Aggravated Felony Convictions
If you have an aggravated felony on your record, you may not get cancellation of removal. This is a hard bar.
Continuous Residence & the Stop-Time Rule
Continuous residence means living in the U.S. without major interruptions in the legal sense.
But there is a stop-time rule which freezes your residence clock when certain events occur, like:
- Receiving a Notice to Appear in court
- Committing a crime that triggers removal
Ensure you don’t miss any details or miscalculate your eligibility
Discretion, Age, & Other Factors
Even if you meet all the eligibility criteria, cancellation is not guaranteed. Judges weigh things like:
- Family ties
- Employment history
- Community involvement
- Nature of the removal case
If the negative factors outweigh the positives, the judge may deny relief.
Disqualifying Factors
Certain issues automatically reduce your chances, such as:
- Aggravated Felonies
An aggravated felony conviction can make you ineligible, even if it wasn’t the reason you entered removal proceedings.
- Other Criminal or Immigration Violations
Serious crimes or immigration-law violations can affect your eligibility. Some convictions trigger inadmissibility grounds under INA § 212(a), which can block cancellation.
What Happens If Cancellation Is Granted
If your cancellation is approved:
- Removal proceedings stop.
- You keep your green card.
- You continue to live and work in the U.S. as an LPR.
Cancellation doesn’t automatically lead to citizenship. You must apply for naturalization separately.
How to Apply for Cancellation
- File Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents, with the immigration court.
- It is best to get an attorney for professional assistance.
- It is usually filed at a custody or master calendar hearing.
- Serve a copy on ICE as required by court rules.
Practical Points for LPRs
- Relief is only available in court. You must be in removal proceedings.
- Discretion matters. Meeting the numeric requirements (5 years LPR, 7 years continuous residence, no aggravated felony) doesn’t guarantee approval.
- Timing is essential. The stop-time rule can freeze your qualifying period, so carefully prepare your documentation and legal strategy.
Significance of Cancellation of Removal
- It’s one of the most important defenses against deportation for LPRs.
- It allows long-term residents to stay in the U.S. and continue building their lives.
- It can preserve eligibility for future citizenship.
Keep in mind that it’s discretionary and complex, so having an experienced immigration attorney can be a smart move.
Do You Need Legal Help?
If you want to apply for cancellation of removal for LPR, you can access 100+ licensed immigration attorneys at ImmigrationQuestion.com. They can review your situation and guide you on eligibility and strategy.
Frequently Asked Questions
1. What is cancellation of removal for LPRs?
It’s a court-based defense that can prevent deportation and allow a lawful permanent resident to keep their green card.
2. Who is eligible?
You must have 5 years as an LPR, 7 years of continuous residence, and no aggravated felony convictions.
3. Can I file it outside court?
Cancellation of removal is only available in immigration court once you’re in removal proceedings.
4. Is it guaranteed if I meet the requirements?
Approval is discretionary. Judges weigh the positive and negative factors in your case.
5. What happens if granted?
Your deportation stops, you keep your green card, and you can continue living and working in the U.S.
6. How do I apply?
File Form EOIR-42A with the immigration court. Usually, an attorney files it during your hearing and serves ICE as required.
