News & Insights

1. Eligibility for Cancellation of Removal (Non-Permanent Residents)

To qualify, you must meet all the following criteria:

Continuous Presence in the U.S.

• You must have lived in the U.S. continuously for at least 10 years before applying.

Good Moral Character

• You must demonstrate good moral character during the 10 years preceding your application.
• Serious criminal convictions or fraud may disqualify you.

Exceptional Hardship to a U.S. Family Member

• Deportation must cause “exceptional and extremely unusual hardship” to a qualifying relative (U.S. citizen or lawful permanent resident spouse, child, or parent).

No Serious Criminal Convictions

• Individuals convicted of aggravated felonies or certain other offenses are ineligible.

2. Can Someone with Pending Asylum Apply for Cancellation of Removal?

Yes, but only if you meet the eligibility criteria:

Being in Removal Proceedings

• To apply for Cancellation of Removal, you must already be in immigration court proceedings.
• If you’re currently pursuing affirmative asylum (not yet referred to the court), you wouldn’t qualify until your case is referred to the immigration judge.

EAD During the Process

• Applicants for Cancellation of Removal can apply for an Employment Authorization Document (EAD) under category C10 while their case is pending.
• This provides work authorization similar to the EAD granted for pending asylum cases.

3. Benefits of Cancellation of Removal

• Relief from Deportation: If granted, you will not be deported and can remain in the U.S. legally.
• Green Card Eligibility: Successful applicants receive lawful permanent resident status.

4. Current Wait Times for Cancellation of Removal Cases

Wait times for Cancellation of Removal cases vary by jurisdiction due to high caseloads in immigration courts.

San Francisco

• Estimated wait time: 3–5 years.

New York

• Estimated wait time: 4–6 years.

Why the Long Wait?

• Immigration courts are facing significant backlogs, with over 2 million pending cases nationwide as of 2024.

5. Important Considerations for Pending Asylum Applicants

Asylum Clock and EADs

• If you transition from an asylum case to Cancellation of Removal, your EAD eligibility will shift from category C08 (asylum) to C10 (cancellation).

Dual Paths to Relief

• You may pursue both asylum and Cancellation of Removal simultaneously, but the success of one does not guarantee the other.

Evidence Requirements

• Cancellation of Removal cases often require extensive documentation, especially to prove hardship and continuous presence. Work with an experienced immigration attorney to strengthen your case.

6. Resources for Further Guidance

• Cancellation of Removal Overview (EOIR)
• USCIS Employment Authorization Guidance
• Immigration Court Backlog Tracker (TRAC)
• Find Legal Representation