Cancellation of Removal for LPRs

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 (LPR) 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 ineligible 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.

Negative Factors:

• Nature and underlying circumstances of the removal grounds;
• Additional significant immigration violations;
• Existence of a criminal record;
• Other evidence of bad character or undesirability.