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Cancellation of Removal

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Cancellation of Removal

Eligibility for Cancellation of Removal

To be eligible for cancellation of removal, a person must demonstrate:

  • 10 years of continuous physical presence in the U.S.;
  • Good moral character during that period of time;
  • No disqualifying criminal offenses; and
  • Exceptional and extremely unusual hardship to a U.S. Citizen or Lawful Permanent Resident spouse, parent or child.

If the individual is a lawful permanent resident and is placed in removal proceedings, the requirements are different. That individual must show:

  • 7 years of continuous residence after admission in any status;
  • 5 years as a lawful permanent resident; and
  • No aggravated felony convictions.
NOTABLE CASES

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