Non-LPR Cancellation of Removal: INA § 240A(b)

Non-LPR Cancellation: A Path for Long-Term Undocumented Immigrants

Undocumented immigrants in Kentucky who have lived in the United States for many years may be eligible for non-LPR cancellation of removal under INA § 240A(b). This form of relief is the primary means by which undocumented immigrants in removal proceedings can obtain lawful permanent resident status. But eligibility is strict, and criminal conduct can disqualify otherwise-deserving applicants. Whether your case is in Louisville, Lexington, or anywhere in Kentucky, Clark + Harris provides criminal defense with attention to cancellation eligibility.

Non-LPR Cancellation Eligibility Requirements

Under INA § 240A(b)(1), non-LPR cancellation requires:

At least 10 years of continuous physical presence in the United States
Good moral character during the 10-year period
No conviction of an offense under INA §§ 212(a)(2), 237(a)(2), or 237(a)(3)
Establishment that removal would result in “exceptional and extremely unusual hardship” to the applicant’s U.S. citizen or LPR spouse, parent, or child

The Criminal Bar

The criminal bar for non-LPR cancellation is broader than the bar for LPR cancellation. Non-LPR cancellation applicants cannot have any of the following:

CIMT conviction under INA § 212(a)(2)(A)(i)(I)
Multiple CIMTs under INA § 237(a)(2)(A)(ii)
Controlled substance conviction (with limited exceptions)
Aggravated felony conviction
Crime of domestic violence conviction
Firearm offense conviction

This expansive bar catches many undocumented immigrants whose criminal history might not bar an LPR from cancellation.

The Stop-Time Rule

The 10-year physical presence clock stops when the non-citizen commits a qualifying criminal offense under INA § 240A(d)(1), or when the government serves a Notice to Appear. The Supreme Court’s decisions in Pereira v. Sessions, 585 U.S. 198 (2018), and Niz-Chavez v. Garland, 593 U.S. 155 (2021), addressed the specific requirements for a Notice to Appear to trigger the stop-time rule — a properly-served NTA must include the time and place of proceedings.

Exceptional and Extremely Unusual Hardship

The hardship standard for non-LPR cancellation is much higher than for other forms of relief. Applicants must show that removal would result in “exceptional and extremely unusual hardship” to qualifying relatives — not to themselves. The hardship must exceed ordinary hardship expected from family separation.

Factors considered include the age of qualifying relatives (younger children are more hardship-intensive), medical or special educational needs of relatives, the family’s length of U.S. residence, family members’ U.S. cultural ties, economic hardship to the family, and country conditions in the home country.

The Cap on Non-LPR Cancellation Grants

Under INA § 240A(e), Congress limits non-LPR cancellation grants to 4,000 per fiscal year. This cap creates a backlog of approved cases awaiting final grant, sometimes delaying actual receipt of LPR status for years after an immigration judge’s favorable decision.

Strategic Implications for Criminal Defense

For undocumented Kentucky residents considering potential cancellation, criminal defense strategy is critical. Even a misdemeanor conviction can be disqualifying. Diversion programs that avoid a formal “conviction” under immigration law may preserve eligibility. Sentence structuring and specific charge negotiation can make the difference between cancellation eligibility and ineligibility.

Contact Clark + Harris for Cancellation-Aware Criminal Defense

If you are an undocumented immigrant in Kentucky with long-term U.S. residence and U.S. citizen or LPR family, cancellation of removal may be your path to legal status. Clark + Harris provides criminal defense that preserves that path when possible.

Call 859-474-0001 today for a confidential consultation.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful: