Cancellation of Removal for Permanent Residents
five years LPR · seven years continuous residence · aggravated felony · EOIR-42A
Source reviewed 2026-10-01A removal charge does not always mean the Green Card is already gone
Green Card Holder in Removal Proceedings: When Cancellation of Removal Can Matter
The EOIR-42A framework for certain lawful permanent residents, including the five-year LPR requirement, seven-year residence rule, aggravated-felony bar, stop-time issues, and discretion.
Direct answer
Short answer
Certain lawful permanent residents in removal proceedings may seek cancellation of removal under the LPR framework. EOIR currently identifies core requirements including at least five years as an LPR, at least seven years of continuous residence after lawful admission in any status before the stop-time event, no aggravated-felony conviction, and a favorable exercise of discretion.
On this page
Five years and seven years measure different things
The five-year requirement focuses on time as an LPR. The seven-year rule focuses on continuous residence after lawful admission in any status and is subject to statutory stop-time rules.
The aggravated-felony question requires the actual conviction record
Labels like felony, misdemeanor, expunged, or old are not enough. The immigration definition and the statute of conviction, record, sentence, and timing may control.
Eligibility is not the same as winning discretion
Family ties, residence, rehabilitation, criminal history, employment, taxes, community evidence, hardship, credibility, and the full immigration record can matter in the discretionary analysis.
Build the life record and the criminal record at the same time
The case should document admission history, LPR date, NTA service, criminal records, residence, family, employment, taxes, rehabilitation, and negative facts rather than hiding them until cross-examination.
Questions people actually ask
Frequently asked questions
Does five years with a Green Card automatically qualify me?
No. The seven-year residence rule, aggravated-felony bar, stop-time provisions, and discretion also matter.
Can a person with a criminal conviction still seek LPR cancellation?
Some convictions may still allow the application; an aggravated-felony conviction bars this relief. The exact record needs immigration analysis.
If cancellation is granted, do I keep permanent residence?
EOIR states that a grant cancels removal and the person retains lawful permanent resident status.
Authority and current-source review
Official sources supporting this page
These links identify primary or official materials used to control material legal and procedural statements. They are not a substitute for advice about a particular matter.
EOIR Forms and Fees
EOIR-42A · EOIR-42B · filing requirements · biometrics
Source reviewed 2026-10-01The next useful move
Start with the record, not the rumor
Bring the notices, filings, identity documents, court papers, travel history, criminal records if relevant, and the next deadline. The legal answer often turns on one date, one prior order, or one document that a headline cannot see.
Important legal and service limitations
General U.S. immigration information only. This page is not legal advice, does not create an attorney-client relationship, and does not guarantee eligibility, admission, approval, release, status, citizenship, or any other result.