Thanks to cancellation of removal, many non-citizens are able to stop their deportation and obtain lawful permanent residence (a Green Card) in the United States.
This form of relief gives a second chance to people who are in removal proceedings before the Immigration Court, as long as they meet the legal requirements.
The main benefits of cancellation of removal include:
- Keeping or receiving a Green Card,
- Obtaining work authorization,
- Being able to travel with valid documents, and
- Opening the path to U.S. citizenship.
In this guide you will see who can apply, what forms are used, what the real timelines look like, and how to improve your chances of getting a cancellation of removal approved in 2025.
What are the benefits of getting cancellation of removal in the United States in 2025?
The main benefits of being approved for cancellation of removal include:
- A new Green Card or keeping the one you already had.
- Employment authorization and the possibility of traveling with valid documents.
- Protection from future removals based on the same facts.
- Path to U.S. citizenship once the statutory periods are met.
- A result that is very similar to a status regularization, even though the legal route is different.
When cancellation of removal is granted, the person receives lawful permanent residence (a Green Card) and, with it, all the rights that come with this status.
However, this is a discretionary benefit. That means it depends on the immigration judge’s decision, even if the applicant meets the basic requirements.
In addition, there are annual caps (up to 4,000 approvals per year), which can cause delays.
Requirements and forms for cancellation of removal (EOIR-42A and EOIR-42B)
Cancellation of removal can only be requested before an Immigration Judge, once the person has been placed in removal proceedings. It is not a process you can start on your own outside of court.
There are two types of cancellation of removal, depending on the immigrant’s status:
- For non–lawful permanent residents (non-LPR): Individuals without valid status who face deportation and want to become LPRs. This is filed on form EOIR-42B.
- For lawful permanent residents (LPR): Individuals who already have a Green Card but committed an act that makes them removable. This is filed on form EOIR-42A.
Both fall under the immigration relief program regulated by section 240A of the Immigration and Nationality Act (42A/42B), which establishes who can keep or obtain lawful permanent residence. The official forms can be downloaded from the EOIR forms page.
| Type of cancellation | Who it is for | Form | Required presence | Exceptional hardship |
|---|---|---|---|---|
| LPR (resident) | Already has a Green Card and is removable | EOIR-42A | 7 years in the U.S. | Not always |
| Non-LPR (no status) | Wants to stop removal and become LPR | EOIR-42B | 10 years in the U.S. | Yes, to a USC or LPR relative |
General requirements
- Having an active case before the Immigration Court.
- Showing continuous physical presence in the U.S.: 7 years if LPR, or 10 years if not.
- Maintaining good moral character and not having been convicted of aggravated felonies.
- Proving that removal would cause an exceptional and extremely unusual hardship to a qualifying U.S. citizen or LPR family member.
Update: In 2025, the approximate fees are $700 for form EOIR-42A and $1,600 for EOIR-42B, plus $30 for biometrics (fingerprints and photos). Always verify the current amounts with EOIR.
Eligibility criteria to obtain cancellation of removal
The immigration judge will analyze proven facts, not just paperwork. These are the main factors that determine eligibility:
Continuous physical presence
You must prove that you have remained in the United States without significant interruptions (10-year cancellation of removal).
Useful evidence: Rental contracts, pay stubs, tax returns and sworn statements.
Continuous presence can be cut off by receiving a Notice to Appear (NTA) for court or by committing certain offenses.
Good moral character
Any serious criminal offense or fraud against the government can jeopardize the application.
The judge will look at your tax compliance, family conduct, community involvement and other positive contributions.
Exceptional and extremely unusual hardship
The applicant must show that their deportation would cause severe harm to a qualifying U.S. citizen or LPR immediate relative.
Common examples: Expensive medical treatments, dependent U.S. citizen children, or mental health conditions that require ongoing support.
Other conditions
Not having received cancellation before, not having committed document fraud, and not having taken part in activities barred by immigration law.
These criteria are based on the Immigration and Nationality Act, section 240A, and are evaluated discretionarily by the immigration judge, according to the evidence and circumstances of each case.
Who does not qualify for cancellation of removal
Not everyone in removal proceedings will be able to get cancellation of removal.
The judge will review the person’s criminal record, personal conduct and manner of entry before deciding.
Main causes of ineligibility
- Having been convicted of an aggravated felony.
- Having committed immigration fraud, perjury or false claim to U.S. citizenship.
- Involvement in human trafficking or crimes involving drugs, prostitution or firearms.
- Having already obtained cancellation of removal in the past.
- Holding a J visa for medical training and not complying with the 2-year home residency requirement.
- Reentering unlawfully after a prior removal or deportation.
- Activities that violate INA 240A(b) or that are considered a national security risk.
These restrictions are laid out in INA §240A: Immigration and Nationality Act.
Cases with high likelihood of denial
- People who break their continuous presence for over 90 days or have absences that add up to more than 180 days.
- Applicants with repeated violations, even minor ones, that affect good moral character.
- Those who do not provide enough proof of exceptional and extremely unusual hardship for their qualifying relatives.
Documents and evidence to request cancellation of removal
Putting together the right evidence is essential to get cancellation of removal approved. The judge will review verifiable and consistent facts, not intentions.
Recommended types of evidence
- Physical presence: Rental contracts/receipts, utility bills, medical or school records.
- Work/economic ties: Employer letters, work history letters and tax returns.
- Family ties and hardship: Birth/marriage certificates, medical or psychological reports for the qualifying relative.
- Community involvement/good moral character: Affidavits from religious leaders, teachers or neighbors.
- Criminal records: Local and federal background checks.
Practical tips:
- Submit complete certified translations into English.
- Organize the evidence in numbered sections and briefly explain why each document matters.
- Make sure everything is credible, verifiable and timely.
If your case depends on proving exceptional hardship to a relative, get legal help to prepare medical and psychological reports before the hearing.
How to apply for cancellation of removal step by step
Requesting cancellation of removal requires planning and professional guidance.
This court process before EOIR can take 1 to 3 years, and in some courts even longer because of the backlog. Knowing the stages helps you avoid mistakes and delays.
Main stages
- Prepare the case. Gather evidence of continuous presence and good moral character.
- Choose the correct form. EOIR-42A for LPRs and EOIR-42B for non-LPRs.
- Pay the fees. In 2025, approximate fees are $700 for EOIR-42A and $1,600 for EOIR-42B, plus $30 for biometrics.
- File the application. It must be filed with the Immigration Court and a copy sent to the DHS/ICE attorney.
- Attend the hearings. The judge will review whether you meet INA section 240A(b) and whether you deserve the relief.
Key tips
- Keep copies of every form and piece of evidence.
- Do not leave the U.S. without the court’s permission.
- Report any address change using form EOIR-33.
- If the case is taking too long, an attorney may consider filing a writ of mandamus to seek a faster decision. See: writ of mandamus.
Short example: A mother who has lived 10 years in the U.S., shows strong ties, U.S. citizen children and spotless conduct, files EOIR-42B and, after 18 months, gets cancellation of removal approved and is granted a Green Card.
Related legal services and resources for cancellation of removal
Apart from this form of relief, there are other processes that can stop removal or open alternative ways to residence. These are the services most closely connected to this topic at Curbelo Law:
Immigration waiver
Used to overcome inadmissibility due to unlawful entry or long unlawful presence.
Appeal an immigration case
If the judge denies cancellation, you may appeal to the BIA and defend your case.
Reopen an immigration case
Useful when the process was closed by mistake or when new evidence appears.
Post-conviction relief for immigration purposes
Helps remove criminal issues that block adjustment of status.
What to do if cancellation of removal is denied
A denial of cancellation of removal does not always mean the end of the case. In many situations you can appeal or move to reopen if there was an error or new evidence.
If you are not sure whether there is already a removal order against you, first check it here: how to find out if I have a deportation order.
Common reasons for denial
- Not providing enough evidence of continuous presence or of exceptional and extremely unusual hardship.
- EOIR-42A or EOIR-42B forms that are incomplete or have filing mistakes.
- Criminal convictions or records that affect good moral character.
- Court or prior attorney administrative errors.
Available options
- Appeal to the Board of Immigration Appeals (BIA). You must file within 30 days. A timely appeal usually stays the removal while it is being reviewed.
- File a motion to reopen. This can be done within 90 days if there are new facts or a change in the law. In some cases you can also ask for a stay of removal while it is being decided.
- File a motion to reconsider. If there were legal or factual mistakes in the decision, it can be filed within 30 days.
- Seek immediate legal advice. An experienced immigration lawyer can review whether you qualify for discretionary reopening or if other forms of relief apply.
Practical example: A father with two U.S. citizen children files a timely appeal after a denial. He submits updated medical reports and tax records. The case is reopened and, six months later, he gets cancellation of removal approved.
What happens after cancellation of removal is approved
Once it is approved, you obtain lawful permanent residence (Green Card) and your removal case is closed. From that moment, the clock toward naturalization starts.
Next steps
- Receive the Green Card: It arrives by mail in a few weeks to a few months.
- Update your data: Report any change of address and, if needed, update your information with SSA.
- Work: You do not need an EAD — the Green Card is proof of work authorization.
- Citizenship: You can apply after 5 years (or 3 if you qualify through marriage to a U.S. citizen).
- Compliance: Avoid crimes or long trips abroad, because they may affect your status or future eligibility.
Basic obligations
- Renew the Green Card every 10 years using Form I-90.
- Do not commit crimes that could make you removable again.
- Maintain physical residence in the U.S., avoiding frequent or unjustified long absences.
- File taxes properly and keep a clean record of compliance.
A resident can lose this benefit if they remain outside the U.S. for long periods without a reentry permit or if they commit immigration fraud.
Absences of more than 180 days may raise questions about abandonment of residence, and if they exceed one year without prior authorization, the status may be considered abandoned.
In serious cases, the government or an immigration judge can reopen the case and revoke LPR status.
Path to citizenship
After 5 years as a lawful permanent resident (or 3 years if residence was obtained through marriage to a U.S. citizen), you may apply for naturalization.
USCIS will review your continuous residence, good moral character and integration before approving.
Other forms of relief related to cancellation of removal
If you do not qualify for cancellation of removal, there are still other legal avenues that may stop or avoid deportation. The right one depends on the reason for the case and on how long you have been in the U.S.
- Asylum: For people who fear persecution because of race, religion, nationality, political opinion or membership in a particular social group. Must be filed within the first year.
- T visa: Protection for trafficking victims who cooperate with law enforcement.
- U visa: For victims of qualifying crimes who helped the authorities.
- VAWA: For victims of abuse by U.S. citizens or LPRs.
- Humanitarian parole: Allows entry or stay in urgent or public-interest situations.
- TPS: Authorizes temporary stay and work when the person’s country is designated.
- Voluntary departure: Avoids a formal order of removal and allows returning legally in the future if the terms are met.
Short example: An immigrant with a removal order proves he was a crime victim and gets a U visa, preventing deportation and opening the door to residence.
Frequently asked questions about cancellation of removal
Below are clear answers to the most common questions about cancellation of removal and how it works.
How long does a cancellation of removal case take?
Usually between 1 and 3 years, depending on the court’s backlog and how well the case is documented.
If it is denied, can I file again?
The law does not allow filing again on the same facts, but you can appeal or reopen the case if there is new evidence or a legal error.
What benefit do I get when cancellation of removal is approved?
You receive a Green Card, the right to work and the possibility to keep permanent resident status.
What if I leave the U.S. during the process?
You could lose your continuous physical presence and your case may be denied. Travel only with the judge’s express authorization.
Does cancellation of removal help me get citizenship?
Yes. After five years as a resident, you may apply for naturalization if you still meet the good moral character and residence requirements.
Can I apply for cancellation of removal without the full 10 years?
In most cases no, because the law requires 10 years of continuous presence for non-LPRs. But sometimes the date on the Notice to Appear or a procedural error allows you to argue the “stop-time rule.” An attorney must review that.
Can I work while my cancellation case is pending?
In many cases yes, you can request employment authorization while the case is pending, especially if there is another application pending or DHS does not object. It depends on the case and the judge.
What if I already have an old deportation order?
You may need to reopen or rescue that order before the judge can consider cancellation. That is why it is key to have the entire file reviewed.
How to get professional help for cancellation of removal
Requesting cancellation of removal can be the difference between staying in the U.S. or facing a removal order.
It is a technical process that requires strict deadlines, strong evidence and responding to standards that may vary from one judge or court to another.
An experienced immigration lawyer can:
- Review your immigration history and confirm if you truly qualify for cancellation of removal.
- Gather the necessary evidence of continuous presence and good moral character.
- Represent you before the Immigration Court and prepare appeals or motions if the case is denied.
- Evaluate alternatives such as an immigration waiver, asylum, humanitarian parole, TPS or other humanitarian options, depending on your situation.
At Curbelo Law, the Ridgewood team led by attorney Carolina T. Curbelo handles complex immigration matters in New Jersey and other states, with extensive experience in:
- Approved cancellation of removal cases.
- Appeals before the BIA.
- TPS, waivers and humanitarian filings.
Call us today so we can start reviewing your case.
