Cancellation of removal for non-permanent residents (cancellation of removal, INA § 240A(b)) is a form of relief available in immigration court that allows the Attorney General to cancel the removal of a person who does not hold a green card when certain conditions are met. Under INA § 240A(b)(1) (8 U.S.C. § 1229b(b)(1)), those conditions include at least 10 years of continuous physical presence in the United States.
How the Process Works
INA § 240A(b)(1) describes four conditions that an applicant generally establishes: continuous physical presence in the United States for at least 10 years immediately preceding the application; good moral character throughout that period; the absence of convictions for offenses listed in INA §§ 212(a)(2), 237(a)(2), or 237(a)(3); and a showing that removal would result in exceptional and extremely unusual hardship to the applicant's spouse, parent, or child who is a U.S. citizen or lawful permanent resident.
The application is filed on Form EOIR-42B (8 C.F.R. § 1240.20). This form of relief is considered within removal proceedings — immigration court and removal proceedings.
Annual Cap
Under INA § 240A(e)(1), the number of grants of cancellation of removal and adjustment of status (cancellation-and-adjustment) is capped at 4,000 in any single fiscal year.
Who Qualifies for Non-LPR Cancellation of Removal?
INA § 240A(b)(1) applies this form of relief to individuals who are not lawful permanent residents. An applicant generally establishes at least 10 years of continuous physical presence, good moral character during that period, the absence of convictions under INA §§ 212(a)(2), 237(a)(2), or 237(a)(3), and exceptional and extremely unusual hardship to a qualifying relative who is a U.S. citizen or lawful permanent resident.
What Counts as 10 Years of Continuous Physical Presence?
Under INA § 240A(b)(1)(A), the statute refers to continuous physical presence in the United States for a period of not less than 10 years immediately preceding the date of the application. This is one of the statutory criteria for this form of cancellation of removal.
What Is the Stop-Time Rule?
Under the stop-time rule, INA § 240A(d)(1), the period of continuous physical presence is deemed to end upon the service of a Notice to Appear or upon the commission of certain offenses.
What Is Exceptional and Extremely Unusual Hardship?
INA § 240A(b)(1)(D) requires a showing that removal would result in exceptional and extremely unusual hardship to the applicant's spouse, parent, or child who is a U.S. citizen or lawful permanent resident. Sources describe this standard as one of the required conditions but do not elaborate further on its content.