Cancellation of Removal: 42A and 42B Requirements Explained

For many people in deportation proceedings, cancellation of removal is the defense that lets them stay in the United States and, in many cases, get a green card. It is also one of the hardest forms of relief to win, because the law sets strict time limits, criminal bars, and a very high hardship standard.

Cancellation of removal (sometimes spelled cancelation of removal) is a form of relief decided by an immigration judge inside removal proceedings. You cannot apply for it with USCIS on your own. If you are not yet familiar with how a removal case works, start with our guide to deportation defense.

This guide explains both types of cancellation, the 10-year rule, the hardship test, and what it costs to apply after the fee increases of 2025 and 2026.

What Is Cancellation of Removal?

When the government asks an immigration judge to deport someone, the person can ask the judge to cancel the removal instead. If the judge agrees, the deportation case ends and the person stays.

There are two main versions, named after the court forms used to apply:

• 42A cancellation for lawful permanent residents (green card holders), filed on Form EOIR-42A. If granted, the person keeps their green card.
• 42B cancellation for people who are not permanent residents, filed on Form EOIR-42B. If granted, the person receives a green card.

A third version protects victims of abuse by a U.S. citizen or permanent resident spouse or parent, under the Violence Against Women Act. In every version, the judge also decides whether the person deserves relief as a matter of discretion, so meeting the basic requirements is not a guarantee.

42A vs. 42B vs. VAWA Cancellation

Cancellation of Removal for Green Card Holders (42A)

LPR cancellation of removal, often called 42A cancellation of removal, is for green card holders facing deportation. It does not require hardship to family members, but the judge still weighs the good and bad in the person’s life before deciding.

A permanent resident can be placed in removal proceedings, most often because of a criminal conviction. Under 8 U.S.C. § 1229b, a green card holder can ask for cancellation if they have:

1. been a lawful permanent resident for at least 5 years;
2. lived in the United States continuously for 7 years after being admitted in any status, such as a tourist or student visa; and
3. no conviction for an aggravated felony.

The 7 years must be completed before the person was served with the Notice to Appear, and before they committed certain crimes that make them removable. Because of this rule, two people with the same conviction can have very different options depending on when the offense happened.

“Aggravated felony” is an immigration term, and it is broader than it sounds. It can include some offenses that state law treats as misdemeanors. That is why the exact wording of a plea in criminal court matters so much for a green card holder.

42B Cancellation of Removal for Non-Permanent Residents

Non-LPR cancellation of removal is for people without a green card, including those who overstayed a visa or entered without inspection. To qualify, the person must show:

1. 10 years of continuous physical presence in the United States;
2. good moral character during those 10 years;
3. no conviction for certain crimes listed in the immigration law; and
4. that removal would cause exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent, or child.

The person applying carries the burden of proof on every element. These are the cancellation of removal requirements judges see most often, and each one can decide the case on its own.

Because the time rule comes first, people often call it 10 year cancellation of removal. If even one element is missing, 42B cancellation of removal is not available, and a lawyer should look at other defenses, such as asylum or adjustment of status.

The 10-Year Rule and When the Clock Stops

Time can keep adding up while the application is pending, but the clock generally stops when the person is served with a Notice to Appear or commits certain offenses. This is called the stop-time rule. Trips abroad also matter. Any single absence of more than 90 days, or absences that add up to more than 180 days, break the continuous physical presence.

There is an important exception. In Niz-Chavez v. Garland (2021), the Supreme Court held that a Notice to Appear stops the clock only if one single document contains all the required information, including the time and place of the hearing. Many older NTAs left that out, so if yours did and no crime stopped the clock, you may have more time than it seemed.

Good Moral Character and Criminal Bars

Good moral character means the judge looks at the person’s whole record during the 10 years. Some conduct is an automatic bar, such as giving false testimony under oath to get an immigration benefit. Other issues, such as unpaid taxes or arrests, are weighed case by case.

The criminal bars for 42B are broad. Convictions for drug offenses, crimes involving moral turpitude, domestic violence, and some document fraud can make a person ineligible. Even a single misdemeanor can matter, so every criminal record should be reviewed by an immigration lawyer before applying.

Who Is Not Eligible for Cancellation of Removal

Some people are barred from both 42A and 42B no matter how long they have lived here. The law excludes:

• crew members of ships or planes who entered after June 30, 1964;
• certain J-1 exchange visitors, including those who came for graduate medical training or who have not met the two-year home residence rule;
• people who took part in the persecution of others or who fall under security and terrorism grounds; and
• anyone who already received cancellation, suspension of deportation, or a 212(c) waiver.

Exceptional and Extremely Unusual Hardship

This is the hardest part of a 42B case. The hardship must be substantially beyond the sadness and financial loss that any family suffers when a parent or spouse is deported. Hardship to the applicant does not count. Only hardship to a qualifying relative does.

Judges look at the whole picture, including the relative’s age, health, schooling, and finances, and conditions in the country of removal. Strong cases usually include evidence such as:

• medical records showing a child’s or spouse’s serious health condition and the treatment they need;
• school records, including special education plans;
• a psychological evaluation of the qualifying relative;
• financial records showing who depends on the applicant’s income; and
• country conditions evidence about health care, safety, and schools where the family would go.

Separation, lower wages abroad, or weaker schools are usually not enough on their own. Judges look at all hardship factors together, so several moderate problems can add up. A child with a serious illness who could not get the same treatment in the country of removal is a common example of strong hardship.

Timing matters here too. A child who turns 21 before the judge decides generally no longer counts as a qualifying child. Families should also plan for the worst case. Our guide on what happens to your children if you are detained or deported explains caregiver arrangements.

VAWA Cancellation of Removal

VAWA cancellation of removal protects people who were battered or subjected to extreme cruelty by a U.S. citizen or permanent resident spouse or parent. It also covers a parent whose child was abused by a citizen or resident parent.

Some requirements are easier to meet than in a 42B case.

The person needs 3 years of continuous physical presence, and the Notice to Appear does not stop that clock. Absences connected to the abuse do not count against the 90-day and 180-day limits. The hardship standard is extreme hardship to the applicant, their child, or their parent.

Some abuse victims can also file a VAWA self-petition with USCIS outside of court. Learn more about how our attorneys handle a VAWA self-petition.

Military Service and Cancellation of Removal

Federal law gives service members an important exception. A person who served at least 24 months on active duty in the U.S. Armed Forces, was in the United States when they enlisted or were inducted, and was separated under honorable conditions if they have left the military does not have to meet the continuous residence or physical presence requirements for 42A or 42B.

The other requirements still apply. Veterans and military families facing removal should also explore the other options covered on our military immigration page.

How to Apply: Forms, Fees, and the Hearing

Cancellation is requested in immigration court, usually at the first or second hearing. The process looks like this:

1. Tell the judge at a master calendar hearing that you will apply for cancellation.
2. File Form EOIR-42A or EOIR-42B with the immigration court by the deadline the judge sets, and send a copy to the ICE attorney.
3. Pay the fees and complete biometrics with USCIS.
4. Submit evidence of your time in the U.S., good moral character, and hardship.
5. Testify at the individual hearing, where the judge hears from you, your witnesses, and the ICE attorney.

Fees rose sharply after a 2025 federal law added new immigration court charges. For filings on or after October 1, 2026, the total court fee is $730 for Form EOIR-42A and $1,690 for Form EOIR-42B, plus a separate $85 biometrics fee.

These amounts are adjusted for inflation every year. Ask a lawyer whether any fee waiver is available in your case, because the new fees follow stricter rules than the old ones.

A person with a pending 42B application can usually apply for a work permit while the case continues.

The 4,000 Annual Limit

Federal law allows only 4,000 grants of non-permanent resident cancellation nationwide each fiscal year. When the numbers run out, a judge may decide that a person qualifies but wait to issue the final grant until a number becomes available. This limit does not apply to 42A cancellation for green card holders.

What Happens After Cancellation Is Granted

After a 42A grant, the person keeps their green card, and the removal case is over. After a 42B or VAWA grant, the person becomes a lawful permanent resident and can later apply for citizenship once they meet the usual requirements.

What Affects the Cancellation of Removal Success Rate?

There is no single cancellation of removal success rate that predicts your case. Results vary a lot from one court and one judge to another, and the yearly limit means some approvable cases wait for a number.

Meeting the cancellation of removal requirements is only the first step. The judge then weighs your whole life. Positive factors include long residence, close family ties, steady work, paid taxes, military service, and rehabilitation. Negative factors include criminal history, past immigration violations, and dishonesty.

Common reasons cases fail include thin hardship evidence, a criminal record that was not reviewed early, and 10 years that cannot be proven with documents such as leases, pay stubs, school records, and tax returns.

Talk to Weldon Law Group About Cancellation of Removal

Cancellation cases are won or lost on details: the exact date on the Notice to Appear, the wording of an old plea, and the quality of the hardship evidence. Weldon Law Group represents clients in removal proceedings, and our deportation defense lawyers can review whether cancellation fits your case.

Contact Weldon Law Group as soon as you receive a Notice to Appear.

Frequently Asked Questions