cancellation of removal

Cancellation of removal is a form of immigration relief that allows certain individuals in removal (deportation) proceedings to avoid being deported and adjust their status to that of a lawful permanent resident, if they meet specific eligibility requirements. This benefit is available to both lawful permanent residents (LPRs) and non-permanent residents, though the criteria differ for each group.

Under 8 U.S. Code § 1229b, a lawful permanent resident may apply for cancellation of removal if they can show that:

They have held lawful permanent resident status for at least five years;
They have continuously lived in the United States for at least seven years after being admitted in any status; and
They have not been convicted of an aggravated felony.

For non-permanent residents (those without a green card), the requirements are more stringent. To qualify, they must prove that:

They have lived in the United States continuously for at least ten years;
They have demonstrated good moral character during that period;
They have not been convicted of certain criminal offenses; and
Their removal would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.

Even if these requirements are met, cancellation of removal is not guaranteed. It is a discretionary decision made by an immigration judge. When deciding whether to grant the relief, the judge may weigh factors such as how long the person has lived in the U.S., their ties to family and the community, work history, and their contributions to society.

[Last reviewed in June of 2025 by the Wex Definitions Team]

Wex