The Board of Immigration Appeals held in Matter of Nelson 25 I&N Dec. 410 (BIA 2011): “Once an alien has been convicted of an offense that stops the accrual of the 7-year period of continuous residence required for cancellation of removal under section 240A(a) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(a) (2006), section 240A(d)(1) of the Act does not permit such residence to restart simply because the alien has departed from, and returned to, the United States.”
Ricky Malik
Immigration Attorney
