Written by attorney Carl Michael Shusterman

Cancellation of Removal for Non-Permanent Residents

Former INS Attorney Carl Shusterman (1976-82) discusses how to win your cancellation of removal case in Immigration Court. Schedule a legal consultation (by Skype, telephone or in person) at

If you have been placed in removal proceedings and you have resided in the United States for a long period of time, you can apply for Cancellation of Removal for non-LPRs before an Immigration Judge if you satisfy each of the following conditions:

  1. You have been physically present in the U.S. for a continuous period of ten years prior to the institution of removal proceedings. (This requirement is not applicable if you have served a minimum of 24 months in the U.S. Armed Forces, were present in the U.S. during your enlistment or induction, and are either serving honorably or have received an honorable discharge.) “Continuous” means that you can not be out of the U.S. for more than 90 days at a time, or 180 days in the aggregate, during the ten-year period.

  2. You have been a person of good moral character for ten years;

  3. You are not inadmissible under §212(a)(2) or (3) (criminal and security grounds) or deportable under §237(a)(1)(G) (marriage fraud), (2) (criminal grounds), (3) (failure to register and falsification of documents) or (4) (security and related grounds).

  4. Your removal would result in exceptional and extremely unusual hardship to your spouse, parent, or child, who is a citizen of the United States or a lawful permanent resident.

For more information please see Cancellation of Removal for non-LPRs page at

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