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Cancellation of removal

Cancellation of removal is one of the few ways a person in deportation proceedings can turn years of life in the United States into permanent residence, or keep the residence they have. It exists only inside immigration court, and the requirements are exact.

Decided by
An immigration judge
Available
Only in removal proceedings
Forms
EOIR-42A and EOIR-42B
On this page

Two forms of cancellation

Cancellation of removal for people who are not permanent residents, often called the ten-year rule, requires ten years of continuous physical presence in the United States, good moral character during that period, no disqualifying criminal convictions, and proof that removal would cause exceptional and extremely unusual hardship to a spouse, parent or child who is a U.S. citizen or permanent resident. If it is granted, the person becomes a permanent resident.

Cancellation of removal for permanent residents is for green card holders facing deportation, usually because of a conviction. It requires at least five years as a permanent resident, at least seven years of continuous residence after a lawful admission, and no aggravated felony conviction. There is no hardship requirement; the judge weighs the person's whole history. If it is granted, the person keeps their residence.

Both are discretionary. Meeting the requirements makes a person eligible; it does not guarantee the result.

Counting the years: the stop-time rule

The years do not keep accumulating while the case is pending. The clock stops when the person is served with a Notice to Appear, and it can also stop when certain offenses are committed. Long trips abroad can break continuous presence as well. Whether the clock stopped, and when, is often the first dispute in the case.

Presence is proven with paper: leases, tax returns, pay stubs, school and medical records, bank statements, and sworn statements from people who knew you. The file is built year by year.

Exceptional and extremely unusual hardship

This standard is higher than the extreme hardship used for waivers. The hardship must be to the qualifying relative, not to the person applying, and it has to go well beyond what any family would suffer from a deportation. Serious medical conditions, a child's special educational needs, conditions in the country of return, and the family's financial reality are the kinds of facts that carry a case, and each one has to be documented.

A child counts as a qualifying relative only while under 21. A child who turns 21 before the judge decides may no longer qualify, which is one reason timing matters.

The yearly limit

The law caps the number of ten-year-rule cancellations that can be granted each year. When the cap is reached, a judge who finds a person eligible may have to reserve the decision until a number is available. People can wait a long time in that position, usually with work authorization while they wait.

If it is denied

A denial can be appealed to the Board of Immigration Appeals, and the deadline is short. A person who loses cancellation may still have other relief in the same case, which is why the full range of options is assessed from the start rather than after a loss.

Common questions

I have been here more than ten years. Do I qualify automatically?

No. The ten years are counted only up to the date you were served with a Notice to Appear, and you also need good moral character for that period, no disqualifying convictions, and documented hardship to a qualifying relative. Each of those is reviewed before the firm gives you an answer.

Can I apply for cancellation if I am not in immigration court?

No. Cancellation of removal is a defense that only an immigration judge can grant. Putting yourself into proceedings to ask for it is a serious decision with real risk, and it should never be made without a full assessment of your case.

Does hardship to me count?

For the ten-year rule, no: the hardship must be to your U.S. citizen or permanent resident spouse, parent or child. What you would go through can still matter as part of what they would go through. Cancellation for permanent residents has no hardship requirement.

Does an old arrest disqualify me?

It depends on what it was and how it ended. Some convictions stop the clock or bar cancellation outright; others count against good moral character; some do not matter at all. Bring every record you have, including cases that were dismissed.

Official sources

This page was written from the official sources below. Rules, forms and procedures change; check the agency for the current version.

This page is general information, not legal advice. Reading it or contacting the firm does not create an attorney-client relationship.

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