Understanding The Qualifications For Cancellation Of Removal And VAWA Cancellation Of Removal
04 March 2025For many immigrants facing deportation, cancellation of removal offers a critical legal remedy that can prevent removal from the United States. This form of relief is available to both lawful permanent residents (LPRs) and certain non-permanent residents, provided they meet stringent qualifications. Additionally, individuals who have suffered abuse by a U.S. citizen or lawful permanent resident may qualify for special protections under the Violence Against Women Act (VAWA) Cancellation of Removal. In this article, we will explore the eligibility requirements for both types of cancellation of removal and provide practical advice on how to navigate this complex legal process.
Cancellation of Removal for Lawful Permanent Residents (LPRs)
Lawful Permanent Residents (LPRs) facing removal proceedings may be eligible for cancellation of removal if they meet the following criteria:
- They have been an LPR for at least 5 years. The accrual of five years of LPR status is not subject to the “stop-time” rule set out at INA § 240A(d)(1), discussed below. The five years as an LPR continues to accrue through the removal proceedings until there is an administrative denial (meaning throughout the BIA appeal, if there is one). The accrual of five years also can include time spent as a conditional resident, but children cannot use their parent’s time, for either the five-year or seven-year requirement.
- Continuous Residence: The applicant must have resided in the United States for at least seven years before receiving a Notice to Appear (NTA) in immigration court or when LPR commits a disqualifying crime. “It starts with any admission, e.g., as an LPR, visitor, border crossing card-holder, refugee, student, etc., including if the person later fell out of status for some period before they adjusted.5 If the person never was admitted, adjustment to LPR will count as the admission that starts the seven years. A grant of Family Unity is not an admission for this purpose, but advocates can consider arguments that a grant of Special Immigrant Juvenile Status (SIJS) is.”
- Good Moral Character: The individual must demonstrate good moral character for the relevant period.
- No Aggravated Felonies: The applicant must not have been convicted of an aggravated felony, which includes crimes such as drug trafficking, certain violent offenses, and fraud involving significant amounts of money (more than $10,000).
- Discretionary Relief: The immigration judge has the discretion to grant or deny cancellation of removal based on the applicant’s positive and negative factors, including family ties, employment history, rehabilitation, and community involvement.
Cancellation of removal is a powerful defense against deportation, but it is not automatically granted. Applicants should work with an experienced deportation lawyer to present the strongest possible case.
Cancellation of Removal for Non-Permanent Residents
For non-permanent residents, cancellation of removal is available under even stricter conditions. To qualify, the applicant must establish:
- Continuous Physical Presence: The individual must have continuously resided in the United States for at least ten years before the issuance of the NTA or commission of certain crimes.
- Good Moral Character: The applicant must demonstrate good moral character for the entire ten-year period.
- No Disqualifying Criminal Offenses: Certain criminal convictions, including crimes involving moral turpitude and drug offenses, can make an applicant ineligible.
- Exceptional and Extremely Unusual Hardship: The most challenging requirement is proving that removal would cause "exceptional and extremely unusual hardship" to a qualifying U.S. citizen or LPR relative (spouse, parent, or child). This standard is difficult to meet and requires strong supporting evidence.
If granted, cancellation of removal provides the applicant with lawful permanent resident status. Given the high level of scrutiny applied to these cases, seeking guidance from an experienced immigration attorney is essential.
Persons not eligible for cancellation of removal:
1..Crewmen who entered subsequent to June 30, 1964; 2. Persons admitted on J visas to receive graduate medical training regardless of whether they are subject to or have fulfilled the 2-year home residency requirement; 3. Persons admitted on a J visa or who acquired such status after admission with 2- year foreign residency requirement who never fulfilled the requirement or received a waiver; 4. Persons inadmissible or deportable for security or related reasons; 5. Persons determined to have persecuted others; 6. Persons previously granted suspension of deportation or Cancellation of Removal.
Understanding the Stop-Time Rule for Cancellation of Removal
Cancellation of removal is one of the most critical forms of relief available to immigrants facing deportation, but a crucial aspect of this process is the stop-time rule. The stop-time rule can determine whether an applicant qualifies for cancellation of removal based on their period of continuous physical presence or lawful permanent residence in the United States.
What is the Stop-Time Rule?
The stop-time rule, codified in 8 U.S.C. § 1229b(d)(1), states that an immigrant's period of continuous residence or continuous physical presence in the United States ends when they are served with a Notice to Appear (NTA) in immigration court or commit certain offenses that render them inadmissible or deportable.
This rule is especially significant for non-permanent residents applying for cancellation of removal because they must establish at least ten years of continuous physical presence in the United States before receiving the NTA. Similarly, lawful permanent residents (LPRs) must have at least seven years of lawful residence before committing a disqualifying offense.
Examples of the Stop-Time Rule in Action
Example 1: A Non-Permanent Resident’s Case
Maria, an undocumented immigrant from Mexico, entered the United States in 2010. She lived and worked continuously in the U.S., never leaving the country. In 2019, she was detained by ICE and issued a Notice to Appear (NTA) in immigration court. Maria applied for cancellation of removal, arguing that she had lived in the U.S. for nearly ten years and had U.S. citizen children who would suffer hardship if she were deported.
However, under the stop-time rule, Maria’s period of continuous presence ended the moment she received the NTA in 2019. Because she was just short of the required ten years, she was ineligible for cancellation of removal.
Example 2: The Impact of a Criminal Offense on an LPR
John, a lawful permanent resident (green card holder), arrived in the United States via visa in 2005. In 2008 he was admitted into permanent resident status. He maintained LPR status for several years. In 2011, he was convicted of a theft offense that was classified as a crime involving moral turpitude (CIMT). In 2017, he was placed in removal proceedings. John accumulated 5 years of residence since admission.
Under the stop-time rule, John's seven years of lawful residence stopped in 2011, the moment he committed the theft offense. Because he had only accumulated 3 years of residence before his conviction, he was ineligible for cancellation of removal for LPRs, which requires at least seven years of continuous residence before committing a disqualifying crime.
Example 3: NTA Deficiencies and the Stop-Time Rule
A Supreme Court ruling in Niz-Chavez v. Garland (2021) clarified that for the stop-time rule to take effect, a Notice to Appear (NTA) must include the time and place of the immigration hearing. If the initial NTA lacks this information, the stop-time rule does not apply until the government issues a proper NTA with all required details.
For example, Alex, a non-permanent resident, received an NTA in 2015, but it did not specify the date and time of his hearing. He later received a corrected NTA in 2018. Because the Supreme Court ruled that an incomplete NTA does not trigger the stop-time rule, Alex's period of continuous presence continued until 2018, meaning he could still meet the ten-year requirement for cancellation of removal.
Why the Stop-Time Rule Matters
The stop-time rule can make or break an immigrant’s case for cancellation of removal. Because receiving an NTA or committing a disqualifying offense can cut short an applicant’s eligibility, it is crucial to understand this rule and its implications. If you are facing removal, consulting with a best deportation lawyer can help you determine whether the stop-time rule affects your case and what legal options are available to you.
VAWA Cancellation of Removal
The Violence Against Women Act (VAWA) provides special protections for immigrants who have been subjected to abuse by a U.S. citizen or lawful permanent resident spouse or parent. VAWA Cancellation of Removal allows victims of domestic violence to avoid deportation and obtain a green card if they meet the following criteria:
- Abuse by a Qualifying Relative: The applicant must demonstrate that they were subjected to battery or extreme cruelty by a U.S. citizen or LPR spouse or parent.
- Physical Presence: The individual must have been physically present in the U.S. for at least three years before applying.
- Good Moral Character: The applicant must prove good moral character for the three-year period.
- Extreme Hardship: Removal must result in extreme hardship to the applicant or their child.
- No Disqualifying Criminal History: The applicant cannot have serious criminal convictions that would bar relief.
- Discretion of the Judge: As with other forms of cancellation of removal, the judge has discretion in granting relief.
VAWA Cancellation of Removal recognizes the unique vulnerabilities of immigrant abuse survivors and offers them a path to safety and stability. A best deportation lawyer can help applicants gather the necessary evidence and present a compelling case.
How to Apply for Cancellation of Removal
Cancellation of removal is requested during immigration court proceedings before an immigration judge. The process involves:
- Filing Form EOIR-42A (LPRs) or EOIR-42B (Non-Permanent Residents & VAWA Applicants).
- Submitting Supporting Evidence, including tax records, letters of support, medical records, and other documentation proving eligibility.
- Attending a Merits Hearing, where the judge will hear testimony and review evidence before making a final decision.
Because of the high stakes involved, hiring an experienced deportation lawyer is crucial. A well-prepared case can mean the difference between securing lawful status and facing deportation.
Conclusion
Cancellation of removal is a lifeline for many immigrants, but the eligibility requirements are complex and difficult to meet without legal assistance. Whether you are an LPR, a non-permanent resident, or a survivor of domestic violence seeking VAWA protections, a skilled immigration attorney can help you navigate the process and fight for your right to stay in the U.S.
If you or a loved one are facing deportation, do not wait to seek legal help. Contact a best deportation lawyer today to explore your options and protect your future in the United States.