Cancellation of Removal

For lawful permanent residents (LPRs), eligibility generally requires:

• At least five years of lawful permanent residency
• At least seven years of continuous residence in the U.S. after a lawful admission
• No convictions for aggravated felonies

For non-permanent residents, the criteria are even stricter. To qualify, an applicant must:

• Have been physically present in the U.S. for at least ten continuous years before applying
• Demonstrate good moral character during that time
• Have no disqualifying criminal convictions
• Prove that removal would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child

The ten-year physical presence requirement permits absences totaling no more than 180 days in that period, and any single absence of more than 90 days may break continuity. Additionally, certain events—such as the issuance of a Notice to Appear—can stop the accrual of time toward eligibility.

Because Cancellation of Removal is a discretionary form of relief, meeting the statutory requirements does not guarantee approval. Applicants must also present compelling evidence and persuasive arguments as to why they deserve to remain in the United States. This often involves submitting documentation of family ties, community involvement, employment history, and evidence of the potential hardship removal would cause.

At Pardalis & Nohavicka, our experienced immigration attorneys provide skilled representation in removal proceedings, carefully building each case to maximize the chance of success. We handle everything from gathering supporting evidence to presenting strong arguments before the immigration judge.

If you are facing removal and believe you may qualify for Cancellation of Removal, contact Pardalis & Nohavicka at contact@pnlawyers.com or call to schedule a confidential consultation.