[LAPhil]

Cancellation of removal
From Wikipedia, the free encyclopedia

Cancellation of removal is a form of immigration relief available to individuals who have been placed in removal proceedings before the United States Executive Office for Immigration Review. It was designed to replace suspension of deportation, a form of relief available prior to the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"). A different standard for eligibility for cancellation is applied for lawful permanent residents ("LPRs") and non-LPRs. Recipients of a grant of cancellation are eligible for permanent residency in the United States.

Cancellation of Removal for Non-Permanent Residents
Pursuant to INA §240A(b), cancellation is available to a non-permanent resident of the United States in any immigration status who--

1) Has continuously resided in the United States for at least ten years; and
2) Has been a person of good moral character throughout this time; and
3) Is not otherwise subject to criminal bars arising from a conviction of any crime outlined in INA §212(a)(2), §237(a)(2), or §237(a)(3); and
4) Establishes that removal would result in "exceptional and extremely unusual hardship" to the alien's spouse, parent, or child who is a United States citizen or legal permanent resident.

The application form for non-LPR-based Cancellation of Removal is the EOIR-42B.