Cancellation of removal is relief an immigration judge can grant in removal proceedings under INA § 240A. A permanent resident needs five years as a resident, seven years of continuous residence and no aggravated felony conviction. Anyone else needs ten years of continuous physical presence, good moral character, and proof that removal would cause exceptional and extremely unusual hardship to a US citizen or permanent resident spouse, parent or child.
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| Where it is decided | Only in removal proceedings, by an immigration judge |
|---|---|
| Permanent residents | INA § 240A(a), applied for on Form EOIR-42A |
| Non-permanent residents | INA § 240A(b)(1), applied for on Form EOIR-42B |
| Qualifying relatives | For non-permanent residents: a US citizen or permanent resident spouse, parent or child |
| Annual limit | Set by statute for non-permanent resident grants; judges may reserve decisions when it is reached |
| Attorney fee | A flat fee for the matter, agreed in writing before work begins |
What is cancellation of removal?
Cancellation of removal is a form of relief under INA § 240A. It allows an immigration judge to end a removal case and let the person stay. The person either keeps permanent residence or receives it for the first time.
There are two main versions. One is for lawful permanent residents who have become removable, often because of a conviction. The other is for people who are not permanent residents but have lived in the United States for at least ten years. A third version, under INA § 240A(b)(2), protects people abused by a US citizen or permanent resident spouse or parent. It works alongside VAWA self-petitions.
Cancellation is available only inside removal proceedings. You apply on Form EOIR-42A or EOIR-42B, filed with the immigration court and served on the DHS attorney. The judge then decides it at the individual hearing.
Who qualifies for cancellation as a permanent resident?
A lawful permanent resident qualifies for cancellation under INA § 240A(a) if they meet three requirements and the judge exercises discretion in their favor.
- Five years as a permanent resident Counted from the date you became a lawful permanent resident.
- Seven years of continuous residence Counted from any lawful admission, including on a visa before the green card.
- No aggravated felony conviction “Aggravated felony” is a term defined in immigration law, and it includes some offenses that are neither aggravated nor felonies under California law.
Next, the judge weighs the positive factors, such as family ties, length of residence, work history and rehabilitation. Against them sit the negative ones, chiefly the seriousness and recency of any criminal record. No hardship standard applies to this version, but discretion is a real part of the decision.
Who qualifies for cancellation without a green card?
A person who is not a permanent resident qualifies for cancellation of removal under INA § 240A(b)(1) by meeting four requirements. A grant makes them a lawful permanent resident.
- Ten years of continuous physical presence In the United States, immediately before applying. A single absence of more than 90 days, or absences totaling more than 180 days, breaks it.
- Good moral character For the whole ten-year period. Certain offenses bar it by statute, and the judge also weighs conduct more generally.
- No disqualifying conviction No conviction for an offense listed under INA § 212(a)(2), § 237(a)(2) or § 237(a)(3).
- Exceptional and extremely unusual hardship To a spouse, parent or child who is a US citizen or lawful permanent resident, if you were removed.
Only one grant of cancellation is possible in a lifetime. People who previously received suspension of deportation or certain earlier relief are not eligible again.
How is the ten years counted?
The ten years run from your arrival until the “stop-time” rule ends the count, usually when DHS serves a proper Notice to Appear.
Under INA § 240A(d)(1), the clock stops when you receive a Notice to Appear, or when you commit certain offenses, whichever comes first. The Supreme Court held in Pereira v. Sessions (2018) and Niz-Chavez v. Garland (2021) that only a notice stating the time and place of the hearing, in a single document, stops the clock. Many notices issued before those decisions left the date blank, so people who received one may have continued to accrue time.
For permanent residents, the same rule applies to the seven years of continuous residence. Working out exactly when the clock stopped is often the first legal question in a cancellation case. The answer depends on the notice itself.
What counts as exceptional and extremely unusual hardship?
Exceptional and extremely unusual hardship means hardship to a qualifying relative that goes substantially beyond what family members ordinarily suffer when someone is removed.
The Board of Immigration Appeals set the standard in Matter of Monreal and later decisions. The judge considers the hardship factors together, not one at a time. Common factors include a child’s serious medical condition or disability and special educational needs. The qualifying relative’s age and health, and their dependence on the applicant’s care or income, also count. So do conditions in the country of removal if the family would go too.
In Wilkinson v. Garland (2024), the Supreme Court held that federal courts of appeals can review whether established facts meet this standard. That gives a denial a clearer route to review, but the judge’s findings of fact still carry most of the weight.
What evidence supports a cancellation application?
A cancellation case rests on documents covering every year of the qualifying period, together with specific proof of the hardship.
- Presence Leases, tax returns, pay records, bank statements, medical and school records, and anything else dated and addressed to you, year by year.
- Moral character Tax filings, certified dispositions for any arrest, and letters from employers, clergy and neighbors.
- Relationship and status Birth and marriage certificates, and proof of each qualifying relative’s citizenship or residence.
- Hardship Medical records and treating physicians’ letters, school and special education records, psychological evaluations, and country-conditions material.
What goes wrong in cancellation of removal cases?
Most cancellation of removal cases that fail do so on a threshold requirement, such as time, a conviction or a gap in the evidence. In those cases, the judge never reaches hardship.
- A break in presence A trip abroad that lasted longer than people remember, or several shorter trips that add up to more than 180 days, can end eligibility. Passport stamps and travel records often settle the question.
- A conviction read the wrong way Whether an offense is an aggravated felony or a crime involving moral turpitude depends on the exact statute and the record of conviction, not on how serious it felt. A California misdemeanor can still bar cancellation.
- Thin years Ten years of presence means proof for each year. Cash work and shared housing leave gaps, and gaps are where the government concentrates its cross-examination.
- Generic hardship Evidence that a family would be sad, or poorer, describes the ordinary hardship of removal. The standard asks for more, and it needs specific medical, educational or personal proof.
- Inconsistent history Earlier applications, tax filings and statements to officers have to match your testimony. Differences are not always fatal, but they need an explanation before the hearing, not during it.
Cancellation is one of several defenses in a removal case. The deportation defense overview sets out the others, and some people qualify for more than one.
What happens when the annual limit is reached?
INA § 240A(e) limits how many non-permanent residents can receive cancellation each fiscal year. When grants reach the limit, judges reserve their decisions on grants until a number becomes available.
A reserved decision means the judge has decided to grant the case but cannot issue the grant yet. The person remains in proceedings until EOIR releases a number. The limit does not apply to cancellation for permanent residents.
If the judge denies cancellation, you must file an appeal to the Board within 30 days. The BIA appeals page explains that process.
What does a cancellation of removal case cost?
As your cancellation of removal lawyer, we quote the case as a flat fee for the matter, agreed in writing before any work begins. The fee covers the application, the evidence and the individual hearing as set out in the agreement. It does not rise when the court reschedules. The government sets the filing fee for Form EOIR-42A or EOIR-42B and any related fees, and you pay them separately. See the fees and consultations page for how the firm charges for each kind of matter.
The first consultation is free and takes about thirty minutes, in English, Armenian, Russian or Spanish.