Cancellation of Removal (non-LPR) — EOIR-42B

Cancellation of Removal (non-LPR) is a form of relief from deportation available only to people IN immigration court proceedings. You cannot affirmatively apply — you must be in court (deportation proceedings).

Critical: Limited to those in proceedings

This relief is ONLY available if you:

• Have been served with a Notice to Appear (NTA)
• Are in active immigration court proceedings
• Are not yet deported

If you are NOT in proceedings, you cannot apply for cancellation of removal. (You could potentially “place yourself” by reporting to ICE — but this is HIGH RISK and not recommended without attorney guidance.)

Eligibility requirements (all must be met)

1. Ten years of continuous physical presence

You must have been physically present in the US continuously for at least 10 years BEFORE you received the NTA. The “stop-time rule” stops this clock on:

• The date of NTA
• Conviction of certain crimes
• Absences over 90 days at any single time, or 180 days aggregated

2. Good moral character (10-year period)

USCIS/judge evaluates your moral character over the 10-year period. Considered:

• Criminal history (especially crimes of moral turpitude)
• Drug crimes
• Aggravated felonies (automatic disqualifier)
• Tax filing compliance (paid taxes)
• Community ties

3. Exceptional and extremely unusual hardship

The hardest part. You must show that removal would cause hardship to your qualifying relatives (USC or LPR spouse, parent, or child under 21) that is MUCH MORE THAN normal hardship from removal.

Factors:

• Children’s medical conditions requiring US care
• Children’s special education needs
• Lack of family support in home country
• Cultural disruption (US-born child speaks no Spanish)
• Country conditions (war, persecution)
• Spouse’s medical/psychiatric conditions

Just “I’ll miss my family” or “I have a US-born child” is NOT enough. Must be EXCEPTIONAL.

4. Not deportable under certain criminal grounds

Automatic disqualifiers:

• Aggravated felony conviction
• Drug crimes (some exceptions for single marijuana possession 30g or less)
• Crime involving moral turpitude (some exceptions)
• Persecutor of others
• Terrorist activity
• Crimes of domestic violence (some forms)

The 4,000-per-year cap

Cancellation grants are capped at 4,000 per year total across the entire US. This creates a backlog — judges often grant cancellation but the actual issuance waits years.

The process

1. NTA issued — you have a “Master Calendar Hearing” date
2. Master Calendar Hearing — admit/deny charges, may seek attorney time
3. Application phase — file Form EOIR-42B + supporting evidence
4. Individual Calendar Hearing (merits hearing) — full case presentation, typically 2-3 hours
5. Judge’s decision — written usually within 30-60 days
6. If granted — issued green card subject to 4,000 cap
7. If denied — Board of Immigration Appeals (BIA) appeal, then federal court

Evidence to gather

• Continuous presence: leases, tax returns, school records, medical records, utility bills, employment records (for each year)
• Good moral character: clean criminal record, tax filings, community letters
• Hardship: medical records of qualifying relative, school records, country conditions reports, expert evaluations

Cost

• USCIS forms: $0 (cancellation of removal is free to file)
• Attorney fees: $5,000 - $25,000 (very expensive due to complexity and multi-year case)

What happens if denied

1. Board of Immigration Appeals (BIA) — appeal within 30 days
2. US Circuit Court of Appeals — federal court appeal
3. Voluntary departure — judge may grant if denied (preserves option to apply for visa later)

Resources

• EOIR (immigration court): justice.gov/eoir
• National Immigrant Justice Center: immigrantjustice.org
• National Immigration Project: nipnlg.org

Last verified: 2026-05-25.

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Related procedural information

• Consulate of your country in the US — passport renewal, consular ID, document apostille
• ITIN — file federal taxes without SSN — required regardless of immigration status
• USCIS form library — federal immigration forms (I-130, I-485, N-400, etc.)
• Find an immigration attorney — pro bono lists + AILA + BIA-recognized
• Know Your Rights — ICE encounters — constitutional protections

General procedural information based on official sources. Not personalized legal advice.