Who qualifies for cancellation of removal?

The general requirements to receive cancellation of removal state that an applicant who is here illegally must:

  • Prove continuous presence in the US for a minimum of 10 years;
  • Demonstrate good moral character; and
  • Have a U.S. citizen or legal permanent resident spouse, child or parent who would suffer exceptional and extremely unusual hardship should the applicant be deported.

The general requirements to receive cancellation of removal state that an applicant who is already a legal permanent resident but has been placed into removal proceedings due to committing a crime, must:

  • Prove he or she has been a legal permanent resident for a minimum of five years;
  • Prove continuous residence in the US for a minimum of seven years (in any status); and
  • Not be convicted of an aggravated felony.

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