EOIR-42A: Cancellation of Removal for Permanent Residents
Critical Defense Option
What is EOIR-42A?
Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents, allows lawful permanent residents who are in removal proceedings to apply for cancellation of their removal and preserve their permanent resident status.
This form of relief is available only to individuals who have been permanent residents for a significant period and have not been convicted of aggravated felonies. It provides a path to remain in the United States for long-term residents facing removal.
Eligibility Requirements
To be eligible for EOIR-42A cancellation, you must:
- Lawful permanent resident status for at least 5 years
- Continuous residence in the United States for at least 7 years after admission in any status
- No conviction for an aggravated felony as defined by immigration law
- Currently in removal proceedings before an immigration judge
- Not subject to certain criminal bars or national security grounds
Disqualifying Convictions
You are NOT eligible if convicted of:
- Aggravated felonies (as defined in INA §101(a)(43))
- Drug trafficking offenses with sentences of 5+ years
- Firearms trafficking offenses
- Certain violent crimes with sentences of 5+ years
- Money laundering offenses over $10,000
- Crimes involving national security or terrorism
- Certain fraud offenses with loss exceeding $10,000
Aggravated Felony Definition
Continuous Residence Requirement
7-Year Requirement
You must have continuously resided in the United States for at least 7 years after admission in any status. This means 7 years of physical presence with limited exceptions for brief departures.
Exceptions to Continuous Residence
- Brief, casual, and innocent departures from the United States
- Trips abroad of less than 90 days that don't break continuity
- Authorized travel with advance parole or other permission
- Service in U.S. Armed Forces deployed overseas
- Employment by U.S. government requiring foreign assignment
Stop-Time Rule
Required Evidence
Your EOIR-42A application must include:
- Form EOIR-42A completed and signed
- $100 filing fee (no fee waiver available)
- Copy of permanent resident card (front and back)
- Evidence of lawful permanent resident status for 5+ years
- Documentation of continuous residence for 7+ years
- Complete criminal history records and court dispositions
- Character evidence and community support letters
- Employment records and tax returns
Application Process
Verify Eligibility
Confirm you meet all statutory requirements and are not disqualified
Gather Evidence
Collect comprehensive documentation of residence, character, and criminal history
Complete EOIR-42A
Fill out form accurately with detailed explanations and supporting statements
Pay Filing Fee
Submit $100 filing fee with application (no fee waiver available)
File with Court
Submit application to immigration court before individual hearing deadline
Present Case
Testify and present evidence at individual hearing before immigration judge
Await Decision
Judge issues decision granting or denying cancellation of removal
Proving Continuous Residence
Strong Evidence of Continuous Residence
- Tax returns filed for each year claimed
- Employment records and pay stubs showing continuous work
- School enrollment records for you or your children
- Medical records showing treatment during residence period
- Bank statements and financial records
- Rental agreements or mortgage documents
Discretionary Factors
Positive Factors
- • Family ties to U.S. citizens and permanent residents
- • Long residence in the United States
- • Evidence of hardship if removed
- • Community ties and charitable work
- • Stable employment history
- • Payment of taxes and civic participation
- • Rehabilitation from past mistakes
Negative Factors
- • Criminal history and pattern of violations
- • Failure to comply with immigration laws
- • Lack of rehabilitation or continued misconduct
- • Immigration violations and fraud
- • Failure to pay taxes or support family
- • Limited community ties or character evidence
- • Severity of underlying removal grounds
Filing Information
Filing Fee
Filing Deadline
After Grant of Cancellation
If Your Application is Granted
- 1Removal proceedings are terminated
- 2You retain your permanent resident status
- 3You may eventually be eligible for naturalization
- 4You can continue living and working in the United States
Important Limitations
Key Restrictions
- Only available to permanent residents - not for other statuses
- Cannot be granted if convicted of aggravated felony
- Must be in removal proceedings to apply (not available in other contexts)
- Decision is discretionary - meeting requirements doesn't guarantee approval