Cancellation of removal screener

If you have an immigration court date, time matters. Cancellation of removal can only be granted by an immigration judge in the course of removal proceedings, and it has strict eligibility limits, including an annual cap on grants. This screener provides legal information only and is not a substitute for an attorney. See our full disclaimer.

Your cancellation of removal eligibility result

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Cancellation of removal cases are won or lost on detailed hardship evidence and a clean presentation of your history. An immigration attorney can assess your case and help you build the strongest record before your hearing.

LPR versus non-LPR cancellation of removal

Cancellation of removal comes in 2 distinct forms with different requirements. LPR cancellation is for green card holders already in removal proceedings, requiring 5 years as a lawful permanent resident, 7 years of continuous residence in the US in any status, and no aggravated felony conviction. Non-LPR cancellation is for people without a green card, requiring 10 years of continuous physical presence, good moral character, no disqualifying convictions, and proof of exceptional and extremely unusual hardship to a qualifying US citizen or green card holder relative.

This relief can only be requested as a defense in removal proceedings before an immigration judge, not filed proactively like other applications. If you're not yet in proceedings, our broader deportation defense screener can help map out your overall risk and options first.

The continuous presence and "stop-time" rule

Both cancellation tracks require continuous time in the US, but a legal rule called the stop-time rule can end that count earlier than expected. For non-LPR cancellation, continuous physical presence stops accruing the moment the government serves a Notice to Appear, even if proceedings don't start right away, which means the relevant 10 years must be reached before that notice, not before the court hearing. Certain criminal offenses can also trigger the stop-time rule, ending the count on the date the offense was committed.

What counts as exceptional and extremely unusual hardship

This is a demanding standard, well above ordinary hardship that comes with most family separations. Judges look at the cumulative effect of factors like a qualifying relative's serious medical condition, lack of adequate medical care in the country of removal, significant disruption to a child's education, and the relative's inability to relocate. No single factor usually decides a case. Strong cases combine several factors with detailed documentation, such as medical records, school records, and country condition evidence.

Annual cap on grants

Congress limits the total number of non-LPR cancellation grants to 4,000 per fiscal year nationwide, which creates a backlog even for approved cases, sometimes delaying final relief by years after a judge's favorable decision. LPR cancellation has no equivalent numerical cap, though it has its own one-time-use limitation.

Frequently asked questions about cancellation of removal

Under the stop-time rule, continuous physical presence for non-LPR cancellation stops counting on the date the Notice to Appear is served, not the date proceedings actually begin or the date of your hearing. This means someone who has been in the US for 9 years when served, but reaches 10 years before their hearing, generally still doesn't meet the requirement, since the clock already stopped.

No. The qualifying relative for hardship purposes is limited to a US citizen or lawful permanent resident spouse, parent, or child (under 21 and unmarried for the child category in most contexts). Hardship to siblings, grandparents, or the applicant themselves doesn't count toward this requirement, even if that hardship is severe, which surprises many applicants.

Yes. Both LPR and non-LPR cancellation of removal are generally one-time forms of relief per person over a lifetime. Someone who already received cancellation of removal in the past typically cannot receive it again in a later removal proceeding, which makes building the strongest possible case the first time especially important.

The 4,000 per year cap on non-LPR cancellation grants typically causes a delay rather than a denial. A judge can find someone eligible and grant relief, but final approval may be held pending availability under the cap, sometimes for a significant period. The case remains approved during this wait, but the process isn't instant even after a favorable decision.

Detailed, specific documentation carries far more weight than general statements. Medical records showing a qualifying relative's condition and treatment needs, school records showing a child's specific needs or progress, psychological evaluations, country condition reports for the relevant country, and financial records showing dependency all help build a cumulative picture that meets the demanding hardship standard.