Cancellation of removal: the ten-year rule and the hardship standard

What it is

Cancellation of removal — often called "the ten-year law" — allows an immigration judge to stop a deportation and grant lawful permanent residence to someone with long-standing ties to the United States. There are two versions with different requirements. It exists only in court: there is no USCIS application for it outside removal proceedings.

For non-permanent residents (Form EOIR-42B)

You must prove all of the following:

1. Ten years of continuous physical presence before the clock stopped. A single absence of more than 90 days, or absences totaling more than 180 days, breaks continuity.
2. Good moral character during that period. Certain conduct bars it automatically — drug convictions, false testimony to obtain an immigration benefit, 180 days or more of confinement.
3. No convictions under INA §§ 212(a)(2), 237(a)(2) or 237(a)(3).
4. Exceptional and extremely unusual hardship to a qualifying relative: a U.S. citizen or LPR spouse, parent, or child under 21 and unmarried. Hardship to yourself does not count.

You file Form EOIR-42B with a fee and biometrics, plus an evidence package: tax returns for every year, receipts, leases, letters, medical and school records for the qualifying relative, country conditions evidence.

The stop-time rule

The ten years stop accruing when you are served a Notice to Appear or commit certain offenses. But the Supreme Court held in Pereira v. Sessions (2018) and Niz-Chavez v. Garland (2021) that an NTA missing the date, time and place of the hearing does not stop the clock, and that the government cannot cure it with a later notice. Because so many NTAs were issued incomplete, many people who once fell short of ten years now meet the requirement. This is one of the first things a lawyer will check.

The hardship standard

This is the hardest element. Financial difficulty and family separation alone are not enough — they occur in every deportation. The judge considers the qualifying relatives' age, health, education and circumstances in the aggregate, both if they stay without you and if they leave with you. In Wilkinson v. Garland (2024) the Supreme Court confirmed that federal courts may review how a judge applied this standard to the facts, which widens the room to appeal a denial.

The annual cap

Only 4,000 grants per fiscal year are permitted, including NACARA grants. When the cap is reached, judges reserve approved decisions until the next year, creating long waits even after winning.

For lawful permanent residents (Form EOIR-42A)

For residents facing removal, usually because of a conviction:

1. Lawful permanent residence for at least 5 years.
2. 7 years of continuous residence after admission in any status (the stop-time rule applies here too).
3. No aggravated felony conviction.

No hardship showing is required. The judge balances the positives — family, employment, rehabilitation — against the negatives.

If it is granted

The judge cancels the order and you receive or keep lawful permanent residence. For non-residents it is granted as of the decision, subject to the annual cap. It is available only once in a lifetime.

Frequently asked questions

Can I apply outside proceedings? No — it exists only as relief before a judge.

Do adult children count? For non-resident cancellation, the child must be unmarried and under 21 at the time of decision.

What is the hardship standard? Far above ordinary separation hardship: health, age, education, country conditions and finances of the qualifying relative.