Cancellation of Removal For Lawful Permanent Residents (Green Card Holder)
Permanent Residents who commit any offense that triggers removal, and actually put in removal, may still have the removal cancelled by the Immigration Judge if they meet certain conditions and the offense they committed is not an aggravated felony. This is once in a lifetime relief and one should therefore be very careful in applying for it. The Immigration Judge (IJ) may cancel the removal of an LPR from the U.S. if s/he:
(1) Has been a Permanent Resident for 5 years
(2) Has resided in the U.S. continuously for 7 years after having been admitted in any status; and
(3) Has not been convicted of an aggravated felony
Cancellation of Removal For Non-Permanent Residents. (No Green Card)
When an alien has resided continuously in the United states for at least ten years and have been good citizens, they become eligible for the relief of cancellation of removal if they end up in removal. The drawback in this relief is that you cannot cancel your removal unless you are already in one. It is not an easy relief because the applicant will have the Qualifying relative, be clean of any felony and prove that his/her removal will cause extreme and unusual hardship to any of the qualifying relatives -parent, spouse or child.
The Immigration Judge may cancel removal and the applicant may adjust to Lawful Permanent Resident if she or he:
(1) Have been physically present in the U.S. for a continuous period of not less than 10 years immediately preceding the date of such application.
(2) Have been persons of good moral character for 10 years;
(3) Have not been convicted of an offense under INA §§212(a), 237(a)(2) or 237(a)(3); and
(4) Establish that removal would result in exceptional and extremely unusual hardship to their spouse, parent, or child, who is a U.S. Citizen (USC) or Lawful Permanent Resident LPR.
