This is one of the most often used remedies before the immigration court to not only stay the deportation but to adjust the respondent’s immigration status to that of lawful permanent resident (LPR). There are two forms: cancellation for non-LRR’s and cancellation for LPRs.
Cancellation of Removal for non-LPRs requires the following:
- Continuous residence in the U.S. for at least ten years prior to service of the Notice to Appear;
- Good moral character;
- No convictions of “immigration crimes”;
- Exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, child or parent;
- Only 4,000 per year exist.
Cancellation of Removal for LPRs:
- LPR status for five years;
- Residence in the U.S. for seven years;
- No aggravated felony convictions.