Cancellation of Removal for Green Card Holders
If you have been convicted of a serious crime, or if you are otherwise removable from the U.S., you may be placed in removal proceedings in immigration court even if you have a green card. One of the most common forms of immigration relief that a green card holder may seek is known as cancellation of removal. This is a type of “second chance” that is available only once. You cannot ask for cancellation of removal if you have received it previously while holding any type of immigration status, or if you previously received a waiver under Section 212(c) of the Immigration and Nationality Act. Cancellation allows you to keep your green card even though you are technically removable. It is also available to a limited number of foreign nationals who do not have green cards. Read more here about applying for cancellation of removal if you do not have a green card.
To get cancellation of removal, you must meet certain requirements. First, you must have held legal permanent resident status for at least five years before applying for cancellation, and you must not have an aggravated felony conviction on your record. Also, you must have continuously resided in the U.S. for at least seven years after you were admitted. (Read more below about how the “stop-time rule” may affect this requirement.) Even if you meet these threshold requirements, the judge still has the discretion to determine whether you deserve to stay in the U.S.
- 1 The applicant has been a legal permanent resident for at least five years
- 2 The applicant has spent at least seven continuous years living in the U.S. after having been lawfully admitted
- 3 The applicant has not been convicted of an aggravated felony
Time Requirements
The five-year requirement is fairly straightforward. As long as you have held a green card for five years before your application, you will meet this requirement unless you got the green card fraudulently. However, the seven-year continuous residence requirement is more complicated. The seven-year period ends under the stop-time rule when a foreign national receives a Notice to Appear in immigration proceedings, or when they commit certain types of crimes. These crimes are listed in Section 212(a)(2) and Section 237(a)(4) of the Immigration and Nationality Act. For the most part, these are crimes involving moral turpitude, as well as some drug crimes and “security offenses.” You will not be eligible for cancellation of removal if you have not spent seven continuous years in the U.S. prior to committing one of these crimes.
Individuals who have served on active duty in the U.S. Armed Forces for at least 24 months do not need to meet the continuous residence requirements, so long as they were in the U.S. when they entered the Armed Forces and were honorably discharged if they are no longer in the Armed Forces.
Other Requirements
Immigration law may define an aggravated felony differently than criminal law.
You will be barred from cancellation if you have been convicted of an aggravated felony. These crimes cover a wide range. Some obvious examples include murder, rape, drug trafficking, and sexual offenses involving minors. Other aggravated felonies are defined more technically, such as violent crimes or theft crimes that resulted in a sentence of at least one year in prison, even if the foreign national did not actually serve a year. Fraud can be an aggravated felony if it involved at least a certain amount of money. Attempting to commit a crime defined as an aggravated felony is considered an aggravated felony, even if you did not complete the crime.
It is important to remember that cancellation of removal involves a significant amount of discretion by the immigration judge. You will want to present compelling evidence in your application and the proceedings that tells a sympathetic story about your life and your connections to the U.S.
Immigration Law Center Contents
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Immigration Law Center
- Green Cards and Lawful Permanent Residence in the U.S.
- Becoming a U.S. Citizen Under Naturalization Law
- Immigrant Visas Leading to Lawful Permanent Residence in the U.S.
- Non-Immigrant Visas Providing a Legal Basis for Temporary Residence in the U.S.
- Work Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Family Immigration Options Under the Law
- Investor Visas Providing Legal Status in the U.S.
- Visitor Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Student Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Denials of Visas or Green Cards & Your Legal Options
- Consular Interviews When Seeking a Visa or Green Card
- VAWA Petitions for Foreign Nationals Affected by Domestic Violence & Seeking Legal Status in the U.S.
- How Children of Foreign Nationals Affected by Domestic Violence Can Legally Obtain Immigration Status
- Work Authorization for Foreign Nationals Without Green Cards
- How Foreign Nationals Unable to Return Home Safely May Legally Qualify for Temporary Protected Status
- Asylum for Foreign National Refugees
- Humanitarian Parole for Foreign Nationals With Compelling Needs
- Advance Parole for Foreign Nationals Living in the U.S. Without Green Cards
- Deferred Action for Childhood Arrivals (DACA) and Temporary Legal Protections From Deportation
- Visa Waiver Program for Brief Visits to the U.S. Without Formal Legal Status
- Grounds for Finding a Foreign National Legally Inadmissible to the U.S.
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How the Deportation Legal Process Works
- When Criminal Convictions Are Legal Grounds for Deportation
- False Claims of Citizenship Leading to Deportation
- Guilty Pleas and No Contest Pleas Leading to Deportation
- Postponing Legal Hearings in Immigration Court
- Changing Venue for Legal Proceedings in Immigration Court
- Witnesses in Legal Proceedings in Immigration Court
- Summary Proceedings Involving Deportation WIthout a Legal Hearing
- Deferred Inspection Appointments for Lawful Permanent Residents Returning to the U.S.
- The Notice to Appear and the Start of Legal Proceedings in Immigration Court
- Master Calendar Hearings in Legal Proceedings in Immigration Court
- Merits Hearings in Legal Proceedings in Immigration Court
- Defenses to Deportation for Foreign Nationals Without Legal Status in the U.S.
- Orders of Removal Following Failure to Appear for Legal Proceedings in Immigration Court
- When Government Lawyers Appeal Immigration Court Decisions
- Cancellation of Removal for Green Card Holders
- Cancellation of Removal Without a Green Card
- Adjustment of Status to Lawful Permanent Residence in Deportation Proceedings
- Voluntary Departure as a Legal Alternative to Deportation
- Detention During Deportation Proceedings & Legal Recourse
- Waivers of Alien Smuggling When Seeking Immigration Relief or a Green Card
- Custody & Related Legal Issues for Children of Arrested or Deported Foreign Nationals
- Prosecutorial Discretion in Deportation Proceedings
- Appeals of Immigration Decisions Through the Legal Process
- LGBTQ+ Individuals Facing Immigration Legal Issues
- Inspections of Foreign Nationals Seeking to Legally Enter the U.S.
- Unlawful Presence in the U.S. & Legal Penalties
- Tax Law Issues for Visa or Green Card Holders
- Waivers of Legal Inadmissibility to the U.S.
- How a Criminal Record Legally Affects Immigration Status
- How Social Media Use Can Affect Legal Admissibility to the U.S.
- Immigration Law FAQs
- Immigration Legal Forms
- Find an Immigration Law Lawyer
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