Stopping Deportation by Applying for Cancellation of Removal

If you are in deportation proceedings, you may be eligible for a form of relief called Cancellation of Removal. Cancellation of removal is available to both green card holders who are in deportation proceedings and those who do not have any lawful status. Form EOIR 42-A is an application for cancellation of removal for certain permanent residents. Form EOIR 42-B is an application for cancellation of removal for certain nonpermanent residents.

 
matheus-ferrero-159633-unsplash.jpg
 

Permanent Residents

Who qualifies for Cancellation of Removal for Certain Permanent Residents?

  • You have been a permanent resident for at least five years;

  • You have continuously resided in the United States for 7 years after admission in any status;

  • You have not been convicted of an aggravated felony

Nonpermanent Residents

Who qualifies for Cancellation of Removal for Certain Nonpermanent Residents?

  • You have been continuously physically present in the United States for at least 10 years immediately preceding the date of application. The 10 years stop running when you are given a valid Notice to Appear by the government;[1]

  • You had good moral character during such period;

  • You have not been convicted of certain criminal offenses;

  • Your removal would result in exceptional and extremely unusual hardship to your U.S. citizen or LPR spouse, parent, or child.
     

If you are a green card holder or do not have any lawful status and are in removal proceedings but meet the requirements above, you may be able to stop your deportation by applying for cancellation of removal. If you do not have an attorney, you can ask the judge for an application.

[1] In Pereira v. Sessions, 585 U.S. __, 138 S. Ct. 2105 (2018), the Supreme Court held that a putative notice to appear that does not specify the time and place of removal proceedings does not meet the statutory definition of a Notice to Appear under 8 U.S.C. § 1229(a) and, therefore, does not stop the running of the 10 years required to qualify for cancellation of removal.

 

More Questions?