42A cancellation of removal for permanent residents

Holding a green card does not mean immunity from deportation. A lawful permanent resident (LPR) can be placed in removal proceedings over certain criminal convictions. But the law offers a powerful shield: 42A cancellation of removal under INA §240A(a). This guide explains who qualifies.

Who is eligible

To qualify under §240A(a), you must meet all three requirements:

1. Permanent resident for 5 years

You must have held your green card for at least 5 years at the time of filing.

2. Continuous residence for 7 years

You must have continuously resided in the U.S. for 7 years since admission in any status. The clock stops when:

You receive a Notice to Appear (NTA).
You commit certain crimes that end the clock ("stop-time" rule).

3. No aggravated felony conviction

You cannot have been convicted of an aggravated felony as defined by INA §101(a)(43). This is a very broad category and includes:

Drug trafficking.
Violence with a 1-year-plus sentence.
Theft with a 1-year-plus sentence.
Fraud with loss over $10,000.
And many other categories.

Important: what the state calls "misdemeanor" can be an aggravated felony under federal immigration law. A case-by-case analysis is essential.

The discretionary part

Even meeting all three, cancellation is discretionary: the judge decides whether to grant it, weighing positive and negative factors.

Positive factors

Time in the U.S. and family ties.
Citizen or LPR family that would suffer from removal.
Steady job, property, tax contributions.
Military service.
Rehabilitation after the offense (if applicable).
Demonstrated moral character.
Community support (church, neighbors, employer).

Negative factors

Nature and seriousness of the offense.
Full criminal history.
Prior immigration lies or fraud.
Lack of remorse.
Risk of reoffending.

The judge balances both sides.

The "stop-time" rule

Critical. The 7-year continuous residence clock stops on whichever comes first:

The day you receive the NTA, or
The day you commit an offense that makes you removable or inadmissible.

Example: arrived in 2015 with residency. In 2020 commits a removable offense. Even if the NTA arrives in 2024, the clock stopped in 2020 → only 5 years. Does not qualify.

Important limitations

Once in a lifetime

Cancellation of removal can be used only once. If you used it before, you cannot use it again.

Court deadline

It must be requested while in proceedings before an immigration judge. If a final order is entered without requesting it, you generally lose it.

Detained cases

If in mandatory detention, you must coordinate with counsel to request cancellation during proceedings (possibly combined with habeas corpus). See: habeas corpus in detention.

How to prepare

Key evidence to gather

Green card and entry records.
Tax returns for the past 7+ years.
Employment records (W-2, letters).
Marriage and children's birth certificates.
Evidence of U.S.-citizen or LPR children and their dependence on you.
Support letters: employer, church, neighbors, family.
Medical records if applicable (yours or dependents').
Rehabilitation proof: program certificates, therapy.

Testimony preparation

The client's testimony is central. It must be:

Honest about the offense (no minimizing or exaggerating).
Specific about family and community ties.
Clear about rehabilitation and future plans.
Consistent with documentation.

Difference from non-LPR cancellation (42B)

42B cancellation is for non-residents with at least 10 years in the U.S. who show exceptional hardship. It is much harder. See: deportation defense.

Common mistakes

Accepting plea deals without knowing immigration consequences (always consult before).
Waiting for the NTA to gather evidence (it should be earlier).
Going to court without an immigration-specialized attorney.
Not preparing the client's testimony thoroughly.

Next steps

If you are a permanent resident facing removal proceedings (or criminal charges that could trigger them), act now. 42A cancellation can save your residency, but requires strategy from the start.

Schedule an urgent consultation.

Cancellation of removal for lawful permanent residents