Cancellation of Removal for Certain Nonpermanent Residents
Updated legal analysis (October 31, 2026). INA §240A(b)(1) permits certain nonpermanent residents in removal proceedings to seek discretionary cancellation of removal and adjustment to permanent residence. Eligibility generally requires at least 10 years of qualifying continuous physical presence, good moral character during the relevant statutory period, the absence of specified disqualifying convictions, and proof that removal would cause exceptional and extremely unusual hardship to a qualifying US citizen or lawful permanent resident spouse, parent or child.
Continuous physical presence and the stop-time rule
The 10-year period is subject to the statutory stop-time rule, including service of a legally sufficient notice to appear under INA §239(a) and certain criminal offenses, as interpreted by the controlling law. Departures may also interrupt the required period under statutory rules. A person cannot assume that time continues to accrue simply because proceedings remain pending. An attorney must examine the entry record, notices, arrest history and departures.
Other eligibility limitations
Prior grants of certain removal relief, persecutor or security bars, specified criminal grounds, crewman entries and some exchange visitor circumstances may prevent eligibility. The statutory bars and any available exceptions require individual review. Discretion and proof of hardship are independent from the threshold requirements.
Approval is not automatic even if every statutory element is met. A denied application may result in a removal order depending on the procedural posture. The immigration court record should be reviewed before filing or relying on this relief.