Cancellation of removal
Encyclopedia
Cancellation of removal is a form of immigration relief available to individuals who have been placed in removal proceedings before the United States Executive Office for Immigration Review
. It was designed to replace suspension of deportation, a form of relief available prior to the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
("IIRIRA"). A different standard for eligibility for cancellation is applied for lawful permanent residents ("LPRs") and non-LPRs. Recipients of a grant of cancellation are eligible for permanent residency
in the United States.
In order to qualify for suspension relief, an applicant under the pre-IIRIRA standard was required to demonstrate the following:
1) Continuous physical presence in the United States for a period of seven years;
2) "Good moral character" during this period; and
3) That the applicant's removal would result in "extreme hardship" to the applicant or any qualifying United States citizen or LPR relatives, including an applicant's spouse, parents, and/or children.
are entirely precluded from cancellation relief.
Pursuant to INA §240A(a), cancellation is available for any LPR who—1) Has been an LPR for not less than five years; and
2) Has resided in the United States for not less than seven years in any status; and
3) Has not been convicted of an aggravated felony
.
Please note the "stop-time" rule at Sec. 240A(d) that stops a lawful permanent resident from accruing the five and seven years once they are served with a Notice to Appear or when they have committed a crime that makes them deportable and/or inadmissable. ````
The application form for LPR-based Cancellation of Removal is the EOIR-42A.
1) Has continuously resided in the United States for at least ten years; and
2) Has been a person of good moral character throughout this time; and
3) Is not otherwise subject to criminal bars arising from a conviction of any crime outlined in INA §212(a)(2), §237(a)(2), or §237(a)(3); and
4) Establishes that removal would result in "exceptional and extremely unusual hardship" to the alien's spouse, parent, or child who is a United States citizen or legal permanent resident.
The application form for non-LPR-based Cancellation of Removal is the EOIR-42B.
Executive Office for Immigration Review
The Executive Office for Immigration Review is an office of the United States Department of Justice and is responsible for adjudicating immigration cases in the United States. The EOIR oversees immigration courts in the United States through the Office of the Chief Immigration Judge...
. It was designed to replace suspension of deportation, a form of relief available prior to the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Division C of vastly changed the immigration laws of the United States.This act states that if an immigrant has been unlawfully present in the United States for 180 days but less than 365 days...
("IIRIRA"). A different standard for eligibility for cancellation is applied for lawful permanent residents ("LPRs") and non-LPRs. Recipients of a grant of cancellation are eligible for permanent residency
Permanent residency
Permanent residency refers to a person's visa status: the person is allowed to reside indefinitely within a country of which he or she is not a citizen. A person with such status is known as a permanent resident....
in the United States.
History: Suspension of Deportation
Prior to April 1, 1997, the effective date of IIRIRA, a form of relief known as "suspension of deportation" was available. Although functionally similar to cancellation relief, suspension had a lower eligibility standard and did not distinguish between lawful and non-lawful resident applicants.In order to qualify for suspension relief, an applicant under the pre-IIRIRA standard was required to demonstrate the following:
1) Continuous physical presence in the United States for a period of seven years;
2) "Good moral character" during this period; and
3) That the applicant's removal would result in "extreme hardship" to the applicant or any qualifying United States citizen or LPR relatives, including an applicant's spouse, parents, and/or children.
Cancellation of Removal for Lawful Permanent Residents
Lawful permanent residents of the United States may be placed in immigration proceedings due to certain criminal convictions that leave them inadmissible or deportable from the United States. LPRs convicted of aggravated feloniesAggravated felony
In United States immigration law, the term aggravated felony refers to a broad category of crimes that carry certain severe consequences for aliens seeking asylum, legal permanent resident status, citizenship, or avoidance of deportation proceedings...
are entirely precluded from cancellation relief.
Pursuant to INA §240A(a), cancellation is available for any LPR who—1) Has been an LPR for not less than five years; and
2) Has resided in the United States for not less than seven years in any status; and
3) Has not been convicted of an aggravated felony
Aggravated felony
In United States immigration law, the term aggravated felony refers to a broad category of crimes that carry certain severe consequences for aliens seeking asylum, legal permanent resident status, citizenship, or avoidance of deportation proceedings...
.
Please note the "stop-time" rule at Sec. 240A(d) that stops a lawful permanent resident from accruing the five and seven years once they are served with a Notice to Appear or when they have committed a crime that makes them deportable and/or inadmissable. ````
The application form for LPR-based Cancellation of Removal is the EOIR-42A.
Cancellation of Removal for Non-Permanent Residents
Pursuant to INA §240A(b), cancellation is available to a non-permanent resident of the United States in any immigration status who--1) Has continuously resided in the United States for at least ten years; and
2) Has been a person of good moral character throughout this time; and
3) Is not otherwise subject to criminal bars arising from a conviction of any crime outlined in INA §212(a)(2), §237(a)(2), or §237(a)(3); and
4) Establishes that removal would result in "exceptional and extremely unusual hardship" to the alien's spouse, parent, or child who is a United States citizen or legal permanent resident.
The application form for non-LPR-based Cancellation of Removal is the EOIR-42B.