I'm a green-card holder facing removal — can cancellation save me?

LPR cancellation of removal under INA § 240A(a) is the relief Congress built for lawful permanent residents whose green-card status is being attacked because of a deportable conviction. Unlike non-LPR cancellation, there is no hardship requirement — the case turns on three statutory eligibility prongs and on the judge's discretionary balancing of the equities.

The three eligibility requirements

1. 5 years as an LPR at the time the application is decided.
2. 7 years of continuous residence in the U.S. after having been admitted in any status (the "7-year residence" clock — which begins on the day the applicant was first admitted or paroled, not on the day they became an LPR).
3. No aggravated felony conviction under INA § 101(a)(43).

The aggravated-felony trap

The aggravated-felony bar is the most contested issue in LPR cancellation. The statutory list at § 101(a)(43) is dense and overinclusive — it sweeps in offenses that state law treats as misdemeanors, including some theft convictions, some controlled-substance trafficking findings, and offenses involving fraud or deceit if the loss exceeds $10,000. The categorical approach under Mathis v. United States, 579 U.S. 500 (2016) is the defense: we compare the elements of the state statute of conviction to the federal generic, and if the state offense is categorically broader, it does not count as an aggravated felony.

This is the work that wins LPR cancellation cases. The DHS attorney charges aggravated felony; we file a motion arguing the conviction does not categorically match. The judge rules; if we win, eligibility is established and we proceed to merits.

The stop-time rule for LPRs

LPR cancellation's continuous-residence clock also stops at NTA service or at commission of a removable offense — but the 5 years as an LPR is not stop-time, so a green-card holder who has been an LPR for 5+ years preserves that prong regardless of when the offense occurred.

The discretionary balancing

If eligibility is met, the judge balances positive and negative equities:

• Positive — length of LPR status, family ties to U.S. citizens and LPRs, employment history, military service, education, community involvement, tax compliance, hardship to family if removed.
• Negative — the nature and seriousness of the underlying conviction, recidivism, immigration violations, prior removals, lack of remorse.

The single most persuasive positive equity is rehabilitation since the offense — completed treatment, sustained sobriety, restitution paid, a stable family life rebuilt.

How we handle this

The first move is the categorical-approach motion. We pull the certified court records, identify the divisible elements of the state statute, and file a motion to terminate or pretermit on eligibility grounds. Where eligibility is established, we build the equities record — letters from employers, clergy, school principals, AA sponsors, treating physicians; photos and declarations from family; tax returns showing decades of compliance. The merits hearing is the place all that work pays off.