Cancellation of Removal for LPRs and Non-LPRs

General Qualifications for Cancellation of Removal

Cancellation of removal is relief an Immigration Judge can grant in removal proceedings. If granted, the respondent becomes, or remains, a lawful permanent resident. There are two forms: Form EOIR-42A for certain lawful permanent residents and Form EOIR-42B for certain nonpermanent residents.

The application is filed with the Immigration Court and served on DHS counsel. The respondent must meet the statutory requirements and also show that cancellation should be granted as a matter of discretion. For LPR cancellation, the 7-year residence period stops at service of the Notice to Appear or the commission of certain offenses, whichever is earlier.

Clients This Case Type Helps

• Permanent residents of at least 5 years charged as removable
• Long-term residents without status who have lived in the U.S. for 10 years or more
• Parents of U.S. citizen or LPR children facing serious hardship
• Spouses or children of U.S. citizens or permanent residents
• Respondents with older or minor convictions that may not bar relief

General Qualifications

• LPR (EOIR-42A): a lawful permanent resident for at least five years.
• LPR (EOIR-42A): seven years of continuous residence after admission in any status, before service of the Notice to Appear or certain offenses.
• LPR (EOIR-42A): not convicted of an aggravated felony.
• Non-LPR (EOIR-42B): continuously physically present in the United States for at least ten years.
• Non-LPR (EOIR-42B): a person of good moral character during that time.
• Non-LPR (EOIR-42B): not convicted of an offense under INA 212(a)(2), 237(a)(2) or 237(a)(3).
• Non-LPR (EOIR-42B): removal would cause exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent or child.
• Both: the respondent deserves a grant of cancellation as a matter of discretion.

Consultation Screening Questions

1. When did you first enter the United States, and have you left since? List every trip and its length.
2. When were you served with the Notice to Appear?
3. If you are a permanent resident, when did you become one, and when were you first admitted in any status?
4. Have you ever been arrested, charged or convicted? Bring every police and court record.
5. Which U.S. citizen or permanent resident spouse, parent or child would suffer hardship, and how?
6. Do any qualifying relatives have serious medical, educational or financial needs?
7. Have you ever received cancellation of removal, suspension of deportation or similar relief before?
8. Have you filed taxes each year, and can you document work and residence for every year?

General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.