Overview of Legal Requirements for Cancellation of Removal for Lawful Permanent Residents
August 8, 2018
Cancellation of removal under § 240(A) provides relief for removable LPRs to retain their LPR status and avoid deportation. However, if you are an LPR and under removal proceedings, you must prove several points to attain this relief:
You must prove that you have been an LPR for at least five years;
You must prove that you have resided in the US continuously for seven years after having been admitted in any status;
You must not have been convicted of an aggravated felony;
You must not have been granted cancellation of removal, § 212(c) relief, or suspension of deportation before;
Permanent Resident Aliens NOT Eligible for Cancellation of Removal if they:
Entered the United States as a crewman after June 30, 1964;
Were admitted to the United States as, or later became, a nonimmigrant exchange alien as defined in section 101(a)(15)(J) of the INA in order to receive a graduate medical education or training, regardless of whether you are subject to or have fulfilled the 2-year foreign residence requirement of section 212(e) of the INA;
Were admitted to the United States as, or later became, a nonimmigrant exchange alien as defined in section 101(a)(15)(J) of the INA, other than to receive graduate medical education or training, and are subject to the 2-year foreign residence requirement of section 212(e) of the INA but have neither fulfilled nor obtained a waiver of that requirement;
Are an alien who is either inadmissible under section 212(a)(3) of the INA or deportable under section 237(a)(4) of the INA;
Are an alien who ordered, incited, assisted, or otherwise participated in the persecution of an individual because of the individual's race, religion, nationality, membership in a particular social group, or political opinion; or
Are an alien who was previously granted relief under section 212(c) of the INA, or section 244(a) of the INA as such sections were in effect prior to the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, or whose removal has previously been cancelled under section 240A of the INA.
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