What are the requirements for cancellation of removal?

What are the requirements for cancellation of removal?

For non-permanent residents (Form EOIR-42B), you must show an immigration judge 10 years of continuous physical presence, good moral character during that time, no disqualifying convictions, and exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent or child. Permanent residents use Form EOIR-42A, which has different requirements (EOIR).

What is cancellation of removal, the "ten-year law"?

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.

What are the non-LPR requirements (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 (8 U.S.C. § 1229b(d)(2)).
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 when the judge decides (Matter of Isidro-Zamorano). Hardship to yourself does not count.

EOIR adds that you must deserve cancellation as a matter of discretion (EOIR). You file Form EOIR-42B with the immigration court (8 C.F.R. § 1240.20), serve a copy on ICE, pay the fee and complete biometrics, and submit an evidence package: tax returns for every year, receipts, leases, letters, medical and school records for the qualifying relative, country conditions evidence.

When does the ten-year clock stop?

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.

How is exceptional and extremely unusual hardship proven?

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.

What happens when the 4,000 annual cap is reached?

Only 4,000 grants per fiscal year are permitted for non-LPR cancellation; certain NACARA beneficiaries do not count toward that cap (INA § 240A(e); 8 C.F.R. § 1240.21). The cap does not apply to LPR cancellation. When the cap is reached, judges reserve approved decisions until the next year, creating long waits even after winning.

What are the requirements for 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.

What happens if cancellation 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 for cancellation if I am not in proceedings?

No. It exists only as relief inside removal proceedings before a judge. Deliberately triggering proceedings to apply is an extremely risky strategy no serious attorney recommends without detailed analysis.

Do my adult children count as qualifying relatives?

For non-resident cancellation, a child must still be unmarried and under 21 when the immigration judge decides the application (Matter of Isidro-Zamorano, BIA 2012). A spouse or parent also qualifies if they are a citizen or lawful permanent resident.

What counts as exceptional and extremely unusual hardship?

A standard far above the ordinary hardship of separation. Judges weigh the qualifying relative's health, age, education, country conditions and finances. Cases involving a child with a serious medical condition or disability are the most common successes.

What are the requirements for non-LPR cancellation of removal?

Ten years of continuous physical presence, good moral character during that period, no conviction under INA §§ 212(a)(2), 237(a)(2) or 237(a)(3), and exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent or child. You must also merit a favorable exercise of discretion.

How many cancellation of removal cases can be granted each year?

Up to 4,000 non-LPR grants per fiscal year. Certain NACARA beneficiaries are not counted, and when the cap is reached judges reserve approvals until a number becomes available.

What evidence does Form EOIR-42B ask for?

The form's instructions list proof of presence such as leases, receipts, school, church and employment records and tax payments; police records and affidavits for good moral character; and official records proving your relationship to the qualifying relatives.