Cancellation of Removal: Who Qualifies and How to Apply

Cancellation of removal is one of the most important forms of relief available to individuals facing deportation in Immigration Court. Under the Immigration and Nationality Act (INA) Sections 240A(a) and 240A(b), certain lawful permanent residents and nonpermanent residents may be eligible to have their removal proceedings cancelled and, in the case of non-LPRs, to obtain lawful permanent resident status. At J. Lee & Associates Law Group in Norcross, Georgia, our immigration attorneys represent clients in cancellation of removal proceedings before the Atlanta Immigration Court and other EOIR courts.

Two Types of Cancellation of Removal

The INA establishes two distinct forms of cancellation of removal, each with different eligibility requirements and benefits:

1. Cancellation of Removal for Lawful Permanent Residents (LPRs) — INA Section 240A(a)

Also known as "LPR cancellation" or "Part A cancellation," this form of relief allows certain lawful permanent residents who have been placed in removal proceedings to retain their green card and avoid deportation.

2. Cancellation of Removal for Non-Permanent Residents — INA Section 240A(b)

Also known as "non-LPR cancellation" or "Part B cancellation," this form of relief allows certain undocumented individuals or those with expired nonimmigrant status to obtain lawful permanent resident status if they can demonstrate exceptional and extremely unusual hardship to a qualifying U.S. citizen or LPR relative.

Eligibility for LPR Cancellation of Removal

To qualify for cancellation of removal under INA Section 240A(a), the applicant must demonstrate all of the following:

Lawful Permanent Resident Status for at Least 5 Years

The applicant must have been admitted to the United States as a lawful permanent resident for at least five years. This period is calculated from the date of admission to LPR status (the date on the green card) to the date the Notice to Appear (NTA) was served.

Continuous Residence for at Least 7 Years

The applicant must have resided in the United States continuously for at least seven years after being admitted in any status. This seven-year period begins from the date of any lawful admission (not just LPR admission) and ends when the NTA is served or when the applicant commits a qualifying criminal offense, whichever is earlier. This is known as the "stop-time rule" under INA Section 240A(d).

No Aggravated Felony Conviction

The applicant must not have been convicted of an aggravated felony as defined in INA Section 101(a)(43). The definition of aggravated felony in immigration law is broader than in criminal law and includes offenses such as murder, rape, sexual abuse of a minor, drug trafficking, firearms trafficking, money laundering, fraud offenses involving losses over $10,000, theft or burglary offenses with sentences of at least one year, and many other crimes. A single aggravated felony conviction permanently bars LPR cancellation.

Eligibility for Non-LPR Cancellation of Removal

To qualify for cancellation of removal under INA Section 240A(b)(1), the applicant must demonstrate all of the following:

Continuous Physical Presence for 10 Years

The applicant must have been continuously physically present in the United States for a period of not less than 10 years immediately preceding the date of the application. The stop-time rule applies here as well: service of the NTA stops the accrual of physical presence. Any single absence of more than 90 days, or aggregate absences totaling more than 180 days, during the 10-year period breaks continuous physical presence.

Good Moral Character

The applicant must have been a person of good moral character during the 10-year period. The good moral character requirements are the same as those for naturalization under INA Section 101(f), including bars for certain criminal convictions, false testimony, and other conduct. The Laken Riley Act of 2025 and enhanced enforcement measures have made this requirement more consequential, as even minor criminal charges can raise questions about good moral character.

No Disqualifying Criminal Convictions

The applicant must not have been convicted of certain criminal offenses listed in INA Sections 212(a)(2), 237(a)(2), or 237(a)(3), which include crimes involving moral turpitude, controlled substance offenses, aggravated felonies, firearms offenses, and crimes of domestic violence, stalking, or child abuse.

Exceptional and Extremely Unusual Hardship

This is the most challenging requirement. The applicant must demonstrate that removal would result in "exceptional and extremely unusual hardship" to a qualifying relative who is a U.S. citizen or lawful permanent resident. Qualifying relatives are limited to the applicant's spouse, parent, or child. Hardship to the applicant themselves does not count. The standard is intentionally high and requires showing hardship that is substantially beyond what would normally be expected from deportation.

The Board of Immigration Appeals (BIA) established the standard for this requirement in Matter of Recinas, 23 I&N Dec. 467 (BIA 2002). Factors that may support a finding of exceptional and extremely unusual hardship include: serious medical conditions of the qualifying relative that require treatment unavailable in the applicant's home country, the qualifying relative's complete lack of ties to the applicant's country of origin, severe economic hardship to the qualifying relative, psychological harm to children who would be separated from a parent, educational disruption for children, and the age and particular vulnerabilities of the qualifying relative.

The Application Process

Form EOIR-42A (LPR Cancellation) and EOIR-42B (Non-LPR Cancellation)

Cancellation of removal is applied for by filing the appropriate form with the Immigration Court during removal proceedings. Form EOIR-42A is used for LPR cancellation, and Form EOIR-42B is used for non-LPR cancellation. The filing fee for either form is $100, payable to the Department of Justice.

The Merits Hearing

The Immigration Judge conducts a full evidentiary hearing on the cancellation application. The applicant testifies under oath about their eligibility, and the government (ICE Trial Attorney) has the opportunity to cross-examine. The applicant's attorney presents documentary evidence, including proof of physical presence and continuous residence, evidence of good moral character, evidence of the qualifying relationship, and extensive documentation of the hardship to the qualifying relative.

Annual Cap

Non-LPR cancellation is subject to an annual cap of 4,000 grants per fiscal year under INA Section 240A(e). This cap does not apply to LPR cancellation or to VAWA-based cancellation cases. When the cap is reached, approved cases are waitlisted until the next fiscal year.

The Discretionary Element

Even if all eligibility requirements are met, cancellation of removal is discretionary relief. The Immigration Judge has the authority to deny the application as a matter of discretion. For LPR cancellation, the judge weighs positive factors (length of residence, family ties, employment history, community contributions, property ownership) against negative factors (criminal history, immigration violations, failure to pay taxes). For non-LPR cancellation, the hardship showing is the primary discretionary factor.

Appeals

If the Immigration Judge denies the cancellation application, the applicant can appeal to the Board of Immigration Appeals (BIA) by filing Form EOIR-26 within 30 days of the decision. The BIA reviews the judge's decision for errors of law and clearly erroneous findings of fact. Further appeal to the federal circuit courts (for Georgia cases, the Eleventh Circuit Court of Appeals) is available by filing a petition for review within 30 days of the BIA's decision.

Cancellation of Removal in the Current Climate (2025-2026)

The enforcement environment following the Laken Riley Act and other 2025 measures has made cancellation of removal cases more challenging. ICE Trial Attorneys may be more aggressive in opposing cancellation applications, and criminal history issues receive heightened scrutiny. Additionally, the Immigration Court backlog means that cases may wait years before a merits hearing is scheduled. In the Atlanta Immigration Court, current wait times for merits hearings are approximately 3 to 5 years.

However, cancellation of removal remains a vital form of relief for qualified applicants. For undocumented individuals who have been in the United States for more than 10 years and have U.S. citizen or LPR close family members, non-LPR cancellation may be the only available path to legal status.

How J. Lee & Associates Can Help

Cancellation of removal cases require thorough preparation, extensive documentation, and skilled advocacy before the Immigration Judge. At J. Lee & Associates Law Group, 1250 Tech Dr, Suite 240, Norcross, GA 30093, our immigration attorneys have extensive experience representing clients in cancellation proceedings in the Atlanta Immigration Court. We help clients assess eligibility, compile comprehensive evidence packages, prepare persuasive hardship declarations, present testimony and documentary evidence at hearings, and pursue appeals when necessary.

If you or a family member is in removal proceedings and may qualify for cancellation of removal, contact our office for a consultation. The stakes in these cases are extremely high, and experienced legal representation can make a decisive difference.

This article is for informational purposes only and does not constitute legal advice. Immigration law changes frequently; consult with a qualified immigration attorney for advice specific to your situation. Information current as of May 2026.