On April 1, 1997, Congress eliminated INA Section 212(c) relief and replaced it with Cancellation of Removal for Lawful Permanent Residents.  The Attorney General (through an Immigration Judge or the Board of Immigration Appeals) will cancel all grounds of removal* of an alien alleged to be inadmissible or deportable from the United States under the following conditions:

• You have been a Lawful Permanent Resident for 5 years
  
  
• You have resided in the United States continuously for 7 years after having been admitted in “any status” and

• Special rules apply for persons who have served in the Armed Forces on
  active duty.

• Any status includes admission as a nonimmigrant, i.e. Tourist or Student.

• If you are a non-LPR minor child residing with your parent, you may benefit
  from your parent’s LPR status.

• LPRs ineleigible for cancellation of removal:

• Aggravated felons.

• Persons convicted of security related grounds.

• Crewmen who entered subsequent to June 30, 1974.

• J visa holders who obtained waivers and received medical training or never
  complied with the two-year foreign residency requirement.

• An individual who was granted cancellation, suspension or 212(c) relief
  previously.

• A person who persecuted others;

• Persons served with a Notice to Appear before the seven years of
  continuous residence has accumulated.

• Persons who committed certain crimes rendering them inadmissible or
  deportable before the seven years of continuous residence have
  accumulated.

• Individuals who obtained their green card through fraud – i.e. fraud
  marriage.

FACTORS 

The following positive factors are weighed against the negative factors to establish eligibility for cancellation of removal: 

Positive Factors: 

Family ties within the United States;
Residence of long duration in the United States;
Evidence of hardship to you and your family if deportation occurs;

Service in the Armed Forces;

History of employment;

Existence of property or business ties;

Existence of value and service to the community;

Proof of genuine rehabilitation if a criminal record exists;

Evidence attesting to your good moral character.