Cancellation of removal

Cancellation of removal is a provision of the Immigration and Nationality Act (INA) of the United States that allows some aliens who are in removal proceedings, who have lived in the United States for a long period of time and meet certain other conditions, to apply to remain in the United States and have the removal proceedings terminated.

[1] Cancellation of removal was crafted by the U.S. Congress to replace "suspension of deportation," a similar form of relief available prior to April 1, 1997.

To obtain suspension of deportation, an applicant under the pre-IIRIRA standard was required to fulfill the following: (1) continuous physical presence in the United States for a period of at least seven years; (2) "good moral character" during that entire period; and (3) that the applicant's deportation from the United States would result in "extreme hardship" to the applicant or any qualifying relative, which was mainly the applicant's spouse, parents, or children, who were either citizens or LPRs of the United States.

The INA states the following: The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable .

Regarding a nonpermanent resident, the Attorney General is expected to cancel the removal proceedings (and adjust the status of such alien to that of an LPR) if the alien: (A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application; (B) has been a person of good moral character during such period; (C) has not been convicted of an offense under section 1182(a)(2), 1227(a)(2), or 1227(a)(3) of this title, subject to paragraph (5); and (D) establishes that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.