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to apply for cancellation of removal one must be in removal or deportation proceedings there is no way to file for it if youre not you also have to show that youve been residing in the united states for 10 years continuously without interruptions legal interruptions as well such as arrest for example or service of notice to your peer you must have spouse parent or child as qualifying relatives and here children are allowed to be qualifying relatives very important you have to demonstrate extreme hardship to them and the good thing you will not have to leave the united states to apply for it or to accept it its very important is601a waiver is different for i601a waiver you do not have to be in removal proceedings you can file it with uscis you do not need to wait for 10 years before you file for it however only spouses or parents may be qualifying relatives for the purposes of i-601a waiver and you will have to leave the united states in order to receive an immigrant visa in the end