Cancellation of Removal

Last Updated on: 11th October 2025, 11:05 am

Putnam County Immigration Lawyer: Cancellation of Removal

Thanks for visiting Spodek Law Group. We’re a second-generation immigration law firm managed by Todd Spodek – with over 40 years of combined experience handling cancellation of removal cases throughout Putnam County and New York. You might know us from the Anna Delvey case that became a Netflix series, or our representation in the Ghislaine Maxwell juror matter. You’re in removal proceedings and the immigration judge told you about cancellation of removal – but you don’t know if you qualify for LPR or non-LPR cancellation, you’re not sure you have 10 years of continuous presence, or you don’t understand what “exceptional and extremely unusual hardship” means. This article covers LPR versus non-LPR cancellation requirements, the 10-year continuous presence rule, what breaks continuous presence, the exceptional and extremely unusual hardship standard, and the 4,000 annual cap.

LPR Cancellation Versus Non-LPR Cancellation

Two separate forms of cancellation of removal exist with completely different requirements. Which one applies depends on whether you’re a lawful permanent resident.

LPR Cancellation: Section 240A(a)

If you’re a green card holder facing removal – you apply for LPR cancellation. Requirements: five years as a lawful permanent resident, seven years of continuous residence in the United States, and no aggravated felony convictions.

The advantage – you don’t need to show hardship to anyone. The judge evaluates whether you deserve discretionary relief based on your equities versus negative factors. There’s no annual cap on LPR cancellation, and the seven-year continuous residence requirement is measured differently than non-LPR’s 10-year continuous presence.

Non-LPR Cancellation: Section 240A(b)

If you’re undocumented or in the United States on a nonimmigrant visa and you’re in removal proceedings – non-LPR cancellation is your path to a green card if you qualify. Requirements are: 10 years continuous physical presence in the United States, good moral character for those 10 years, no disqualifying criminal convictions, and exceptional and extremely unusual hardship to your U.S. citizen or lawful permanent resident spouse, parent, or child if you’re removed.

The hardship requirement is what kills most non-LPR cancellation applications. Judges deny cases every day where applicants have 10 years presence and good moral character but can’t prove the required level of hardship. Congress capped non-LPR cancellation at 4,000 grants per year – meaning even if you qualify, the judge might not be able to grant your application if the cap is reached.

The 10-Year Continuous Presence Rule

For non-LPR cancellation, you must have 10 years of continuous physical presence in the United States before the government properly served you with your Notice to Appear. The NTA is the charging document that starts removal proceedings.

When The 10-Year Clock Stops

Once ICE properly serves you with the NTA – the clock stops. You can’t accumulate any more time after service. If you’ve been in the United States for nine years and 11 months when ICE serves the NTA – you don’t qualify because you’re one month short.

Proper service matters. If ICE served the NTA incorrectly – the service might be defective and the clock might not have stopped. Immigration attorneys challenge NTA service regularly to preserve clients’ ability to accrue more time.

What Breaks Continuous Presence

Travel outside the United States can break continuous presence. Any single trip over 90 days breaks continuous presence. Additionally, even if all your trips are under 90 days, if the total of all trips during the 10-year period exceeds 180 days – that can break continuous presence.

Leaving under threat of deportation breaks continuous presence. If an immigration judge previously ordered you removed and you left, then returned unlawfully – your continuous presence clock started over when you returned. Taking voluntary departure and leaving also breaks continuous presence.

Committing certain crimes breaks continuous presence. If you commit an offense referred to in INA § 212(a)(2) – crimes involving moral turpitude, controlled substance violations, prostitution, human trafficking – that offense stops the continuous presence clock even if you don’t leave the United States.

Exceptional And Extremely Unusual Hardship Standard

This is the highest hardship standard in immigration law – higher than “extreme hardship” required for I-601 waivers. You must show your qualifying relative would suffer hardship substantially beyond what would ordinarily result from your removal.

What Qualifies As Exceptional And Extremely Unusual Hardship

Normal consequences of family separation don’t meet the standard. Your U.S. citizen child missing you, experiencing emotional distress, having a lower standard of living – that’s ordinary hardship. Immigration judges deny cases based on that level of hardship every day.

The hardship must be exceptional and extremely unusual – significantly more severe than what others experience. Courts have found it in cases involving: U.S. citizen children with serious medical conditions requiring specialized treatment unavailable in the applicant’s home country; qualifying relatives who would face persecution if they relocated; U.S. citizen children with severe developmental disabilities requiring the applicant’s care.

Who The Hardship Must Affect

The hardship must be to your U.S. citizen or lawful permanent resident spouse, parent, or child. Hardship to your siblings, grandparents, nieces, nephews, or other relatives doesn’t count for the statutory requirement – though judges consider it as a discretionary factor.

Hardship to you personally doesn’t count. The fact that you’ll suffer if deported is irrelevant to the legal standard. The immigration judge only evaluates hardship to your qualifying relatives.

Common Hardship Factors

Medical conditions of the qualifying relative are the strongest factor. If your U.S. citizen child has epilepsy requiring daily medication and monitoring, and you’re the primary caregiver – that supports exceptional and extremely unusual hardship, especially if the child can’t get equivalent care in your home country.

Country conditions matter when you show your qualifying relative would relocate with you. If your U.S. citizen child would face violence, lack of educational opportunities, or persecution in your country – that contributes to the hardship analysis. Financial hardship alone rarely meets the standard unless combined with other severe consequences.

Good Moral Character Requirement

You must demonstrate good moral character for the entire 10-year continuous presence period. Any criminal conviction during those 10 years gets scrutinized. DUIs, domestic violence, theft, fraud – these support findings of lack of good moral character even if they don’t make you statutorily ineligible.

Crimes That Bar Cancellation

Aggravated felonies bar both LPR and non-LPR cancellation. No exceptions, no waivers. If you were convicted of an aggravated felony as defined in INA § 101(a)(43) – you can’t get cancellation.

For non-LPR cancellation, certain crimes make you statutorily ineligible even if they’re not aggravated felonies – crimes involving moral turpitude committed within five years of admission if the sentence imposed was one year or longer, controlled substance violations other than a single offense of simple possession of 30 grams or less of marijuana, prostitution offenses.

Tax Compliance And Child Support

Failing to file tax returns when required shows lack of good moral character. Not paying child support shows lack of good moral character. Immigration judges regularly deny cancellation applications when applicants haven’t filed taxes for the 10-year period or have outstanding child support arrears with no payment plan.

The 4,000 Annual Cap For Non-LPR Cancellation

Congress limited non-LPR cancellation grants to 4,000 per fiscal year. When the cap is reached – immigration judges can’t grant any more cases that fiscal year even if applicants meet all requirements and deserve relief.

How The Cap Works

The 4,000 cap runs from October 1 through September 30 each fiscal year. Once EOIR reports that 4,000 grants have been issued – judges must reserve decisions on pending cases rather than granting them. If you’re in immigration court in September and the judge wants to grant your case but the cap is reached – the judge reserves the decision until October 1 when the new fiscal year starts.

Priority goes to cases decided first. If you’re granted cancellation in October – you count toward the current fiscal year’s 4,000 cap. If you’re granted in August – you might be competing with thousands of other grants that fiscal year.

The Cap Creates Urgency

With heightened immigration enforcement in 2025, more people are in removal proceedings seeking cancellation. The 4,000 cap means qualified applicants might not get relief simply because too many people applied that year. Filing your application early in the fiscal year and getting a hearing date as soon as possible maximizes your chances of getting granted before the cap is reached.

Why You Need A Cancellation Of Removal Attorney

Cancellation of removal requires proving continuous presence with documentary evidence, establishing exceptional and extremely unusual hardship through detailed affidavits and supporting documentation, demonstrating good moral character despite any criminal history, and presenting evidence in adversarial immigration court proceedings. Our immigration attorneys handle both LPR and non-LPR cancellation applications, challenge improper NTA service to preserve continuous presence, develop hardship cases with medical records and expert evaluations, and litigate cancellation cases before immigration judges and the Board of Immigration Appeals.

Todd Spodek grew up in Brooklyn working for his father’s law firm before attending Northeastern University and Pace Law School. Our law firm has handled thousands of immigration cases since 1976 – including cases featured in major media outlets, like the New York Post, Newsweek, and Bloomberg.

If you’re in removal proceedings and need to apply for cancellation, if you’re not sure you have 10 years of continuous presence, if you need help proving exceptional and extremely unusual hardship, if the immigration judge denied your cancellation application and you need to appeal – contact our immigration attorneys. We’re available 24/7 at our offices throughout Putnam County, Orange County, Westchester, Rockland, NYC, and Long Island.