Non-LPR Cancellation of Removal and Numerical Limits on Adjustment of Status

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Cancellation of Removal for non-lawful permanent residents is a form of relief from removal for aliens currently in the United States illegally. Cancellation of removal allows aliens to stay in the U.S. and avoid separation from their families if they meet certain requirements and warrant a favorable exercise of discretion. However, only a certain number of grants may be issued per fiscal year.

The Immigration and Nationality Act limits the number of aliens whose removal may be canceled and who may adjust status to 4,000 per fiscal year. The numerical cap applies only to non-LPR cancellation cases, and does not effect lawful permanent resident cancellations. INA 240A(e)(1)

Conditional grants of cancellation pending the availability (under the numerical cap) are not permitted for persons after FY 1998. 8 C.F.R. §1240.21(c)(1). Immigration judges must reserve their decision on potentially approvable cases until an approval is numerically available. Judges do not have to reserve their decision if they are certain the applicant is ineligible.

If the alien applies for and is granted another form of relief, such as asylum or withholding, the cancellation application shall be denied as a matter of discretion. 8 C.F.R. §1240.21(c)(2). Persons previously granted conditional cancellation (prior to fiscal year 1998) maintain their conditional status until the numerical limitation is available. They may travel during the conditional period. 8 C.F.R. §§1240.21(b)(3), (5).

If you are considering cancellation of removal, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally discuss your situation with you and help you decide if cancellation of removal is right for you.

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