Cancellation of Removal for Certain Non-Lawful Permanent Residents under INA § 240A(b)

Individuals in removal proceedings who do not have lawful status and has been found to be inadmissible or deportable may qualify for cancellation of removal and be eligible to adjust their status to lawful permanent residents (LPR).

INA §240A(b) gives the Attorney General the authority to cancel the removal of certain non-lawful permanent residents and allow them to adjust their legal status. To be eligible for this type of relief the applicant must demonstrate:

  • physical presence in the United States for a continuous period of not less than 10 years;
  • good moral character during the 10-year period;
  • has not been convicted of certain offenses listed under section 212(a)(2), 237(a)(2) , or 237(a)(3); and
  • establishes that removal would result in exceptional and extremely unusual hardship to their U.S. citizen or lawful permanent resident spouse, parent, or child.

The decision on cancellation of removal under INA § 240A(b) is a discretionary decision made by the immigration judge. The Executive Office for Immigration Review has set a quota of 4,000 cancellation grants under INA § 240A(b) per fiscal year. Once the cap has been reached for a fiscal year, the immigration judge must reserve their decision on the cancellation application until more grants become available the following year. After, the cancellation case is granted the respondent can file an application to become a lawful permanent resident.