Legal Permanent Resident Status Through Cancellation of Removal

Cancellation of Removal is a type of defense that an individual can apply for when they are in removal proceedings. It is ONLY available to those in removal proceedings. Typically it is offered to people in two situations:

1. Legal Permanent Residents
   To qualify you must:

• Have been lawfully admitted for permanent residence for not less than five years;
• Have resided in the U.S. continuously for 7 years after being admitted
• Have not been convicted of an aggravated felony; and
• Have not received cancellation of removal in the past.

2. Non- Permanent Residents (People in the U.S. without legal status)
   To qualify you must:

• Have been physically president in the U.S. continuously for at least 10 years;
• Has had good moral character for 10 years;
• Has not been convicted of a disqualifying crime;
• Prove that deportation would cause extreme and unusual hardship to an LPR or U.S. citizen spouse, child, or parent.

Each case is different and will require different types of documentary evidence and testimony to prove each element.