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Q: What are the statutory elements for cancellation of removal?

Q: What are the statutory elements for Cancellation of Removal for Non-Permanent Residents?

A: Acquiring non-LPR cancellation requires an applicant to establish four statutory elements:

(A) Physical presence in the United States for a continuous period of 10 years; (B) Good moral character during that period of time; (C) No convictions for certain criminal offenses; and (D) Exceptional and extremely unusual hardship to the applicant’s spouse, parent, or child who is a citizen of the United States or an alien lawfully admitted for permanent residence.

Q: What are the statutory elements for Cancellation of Removal for Permanent Residents?

A: Acquiring LPR cancellation requires an applicant to establish three statutory elements:

(A) Lawful admission for permanent residence for not less than 5 years; (B) Continuous residence in the United States for 7 years after having been admitted in any status; and (C) No convictions of any aggravated felony.

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