Cancellation of removal is a discretionary form of relief that can be granted to lawful permanent residents of the United States and individuals without lawful status who are present in the United States. Cancellation of removal essentially cancels the removal proceedings against individuals. The requirements differ for lawful permanent residents of the United States and individuals who have not been admitted to paroled (entered illegally) into the United States:
If you are a lawful permanent resident of the United States, you must prove the following in order to be granted cancellation of removal:
You must have been a lawful permanent resident of the United States for at least five (5) years,
You must have continuously resided in the United States for at least seven (7) years after being admitted into the United States under any lawful status, AND
You must not have been convicted of an aggravated felony.
If you have not been admitted or paroled (entered illegally) into the United States, you must prove the following in order to be granted cancellation of removal:
You must have been continuously present in the United States for ten (10) years,
You must demonstrate that you have been a person of good moral character during that ten (10) year period,
You have not been convicted of certain crimes, AND
You must prove that your removal would result in extreme and unusual hardship to your spouse, child, or parent who must be a citizen of the United States.
Special Rule for Violence Against Women Act (VAWA)
Individuals who can prove they eligible to adjust status under VAWA can also apply for cancellation of removal. In addition, those individuals may be granted lawful permanent resident status. In order to qualify for cancellation of removal under VAWA you must prove the following:
You must prove that you have been physically present in the United States for a continuous period of at least three (3) years at the time you submit for application for cancellation of removal,
You must prove that you have been a person of good moral character during that three (3) year period,
You must prove that you are not inadmissible or deportable from the United States,
You must prove that you have not been convicted of an aggravated felony, AND
You must prove that your removal would result in extreme hardship to yourself, your child, or your parent.