Cancellation of Removal for Non-LPRs

Cancellation of removal is a form of relief that allows non-lawful permanent residents (LPRs) to remain in the United States and potentially obtain a green card. It is available to non-LPRs who are in removal proceedings (i.e., facing deportation) and meet certain eligibility requirements.

To be eligible for cancellation of removal, a non-LPR must have:

• Been physically present in the United States for at least 10 years;

• Good moral character during this time;

• No convictions for certain crimes; and

• A spouse, child, or parent who is a U.S. citizen or LPR and would suffer exceptional and extremely unusual hardship if the non-LPR is removed from the United States.

If a non-LPR meets these requirements, they may be granted cancellation of removal by an Immigration Judge. If granted, the non-LPR will be able to remain in the United States and may be able to apply for a green card.

It's important to note that cancellation of removal is not available to everyone in removal proceedings. Non-LPRs who are eligible for other forms of relief (such as asylum) should pursue those options before applying for cancellation of removal. Additionally, the availability of cancellation of removal is limited, with only a certain number of grants allowed per year.

If you are a non-LPR facing removal proceedings and believe you may be eligible for cancellation of removal, it is crucial to seek the assistance of a qualified immigration attorney. They can help you understand your options and guide you through the process of applying for cancellation of removal.