EOIR-42B: Cancellation of Removal for Non-Permanent Residents
Last updated: January 15, 2025
High Standard for Relief
EOIR-42B requires 'exceptional and extremely unusual hardship' - a higher standard than typical immigration cases. Strong evidence and legal representation are essential.
What is EOIR-42B?
Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Non-permanent Residents, allows eligible individuals who are not permanent residents to apply for cancellation of removal and adjustment to permanent resident status.
This relief is designed for long-term residents who have established deep roots in the United States and whose removal would cause exceptional and extremely unusual hardship to qualifying U.S. citizen or permanent resident relatives.
Eligibility Requirements
To be eligible for EOIR-42B cancellation, you must:
- Physical presence in the United States for a continuous period of 10+ years
- Good moral character during the 10-year period of continuous physical presence
- No conviction for offenses listed in INA sections 212(a)(2), 237(a)(2), or 237(a)(3)
- Qualifying relative who is a U.S. citizen or lawful permanent resident
- Removal would result in exceptional and extremely unusual hardship to qualifying relative
- Currently in removal proceedings before an immigration judge
10-Year Requirement
The 10 years of continuous physical presence must be immediately preceding the service of the Notice to Appear, not the hearing date.
Qualifying Relatives
Exceptional hardship must affect your:
- U.S. citizen or lawful permanent resident spouse
- U.S. citizen or lawful permanent resident parent
- U.S. citizen or lawful permanent resident child
Disqualifying Criminal History
You are NOT eligible if convicted of:
- Crimes involving moral turpitude
- Multiple criminal convictions with aggregate sentences of 5+ years
- Controlled substance offenses (with limited exception for single marijuana offense under 30 grams)
- Prostitution and commercialized vice offenses
- Serious nonpolitical crimes committed outside the United States
- Money laundering offenses
- Firearm offenses under federal or state law
Exceptional and Extremely Unusual Hardship
Higher Standard
This standard is significantly higher than 'extreme hardship' used in other immigration contexts. It requires hardship that goes well beyond what would normally be expected from family separation.
Factors Considered
Health conditions and access to medical care in country of removal
Financial considerations and economic impact on qualifying relative
Educational disruption and opportunities
Personal considerations including family ties and community connections
Country conditions including violence, instability, or lack of infrastructure
Age and ability of qualifying relative to adapt or relocate
Language barriers and cultural factors affecting adjustment
Special factors unique to the qualifying relative's situation
Good Moral Character
Positive Indicators
- • Payment of taxes and compliance with laws
- • Stable employment and family relationships
- • Community involvement and charitable work
- • No criminal history or minor violations only
- • Honesty in immigration and other proceedings
Negative Indicators
- • Criminal convictions or pattern of violations
- • Immigration fraud or misrepresentation
- • Failure to pay taxes or support family
- • Adultery (in some circuits)
- • Lying under oath or false testimony
Required Evidence
Your EOIR-42B application must include:
- Form EOIR-42B completed and signed
- $100 filing fee (no fee waiver available)
- Evidence of continuous physical presence for 10+ years
- Documentation of good moral character
- Proof of qualifying relationship (marriage/birth certificates)
- Evidence of exceptional and extremely unusual hardship
- Complete criminal history and court dispositions
- Medical records, psychological evaluations, country condition reports
Application Process
1
Confirm Eligibility
Verify 10-year presence, good moral character, and qualifying relatives
2
Gather Evidence
Collect comprehensive documentation of hardship and character evidence
3
Complete EOIR-42B
Fill out application with detailed hardship analysis and supporting statements
4
Pay Filing Fee
Submit $100 filing fee with application (no fee waiver available)
5
File with Court
Submit application to immigration court before individual hearing deadline
6
Present Case
Testify and present hardship evidence at individual hearing
7
Await Decision
Judge determines if cancellation should be granted based on statutory and discretionary factors
Proving Physical Presence
Strong Evidence of 10-Year Presence
- • Tax returns filed for each year claimed
- • Employment records and Social Security earnings statements
- • School enrollment records
- • Medical and dental records
- • Bank statements and financial records
- • Rental agreements or property ownership records
- • Utility bills and service contracts
- • Birth certificates of U.S. born children
- • Affidavits from family, friends, employers
- • Church, community organization records
Hardship Evidence
Medical Evidence
Detailed medical records, specialist reports, and evidence of unavailable treatment in country of removal are crucial for health-related hardship claims.
Country Conditions
Current reports on violence, economic conditions, healthcare availability, and educational opportunities in the country of removal strengthen hardship arguments.
Expert Testimony
Psychological evaluations, medical expert opinions, and country condition experts can provide compelling evidence of exceptional hardship.
Annual Cap and Priority
Important Limitations
- Only 4,000 EOIR-42B cancellations can be granted per fiscal year
- Applications are processed in order of completion, not filing date
- If cap is reached, approved cases may be placed on waiting list for next fiscal year
- Priority given to applications filed earliest in fiscal year
After Grant of Cancellation
If Your Application is Granted
- 1Removal proceedings are terminated
- 2Status is adjusted to lawful permanent resident
- 3You receive permanent resident card (green card)
- 4Eventually eligible to apply for naturalization
Success Strategies
Keys to Strong EOIR-42B Cases
- Document every aspect of 10-year presence with multiple types of evidence
- Develop compelling hardship narrative with expert support and documentation
- Present strong character evidence from multiple community sources
- Address any negative factors directly with evidence of rehabilitation
- Obtain experienced legal representation familiar with exceptional hardship standard