Cancellation of Removal for Permanent Residents

Cancellation of Removal is a form of discretionary relief from removal. Section 240A of the Immigration and Nationality governs these cases and provides the eligibility requirements to submit an application for cancellation of removal. For a legal permanent resident, there are three eligibility requirements:

(1) Admitted for Permanent Residence at least 5 Years

First, an applicant must have been admitted as a legal permanent resident of the United States for a period of at least five years pursuant to section 240A of the Immigration and Nationality Act.

(2) Continuous Physical Presence for at least 7 years

Second, an applicant must have been continuously physically present in the United States for a period of at least seven years. The seven years are counted from the date that the applicant was admitted to the United States in any type of status.

(3) No Aggravated Felony Convictions

Third, an applicant must not have been convicted of an aggravated felony.