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Cancellation of Removal

FORMS: Form EOIR-42A (LPR), Form EOIR-42B (non-LPR)

Overview

Cancellation of Removal allows certain individuals in removal proceedings to obtain legal status (LPR cancellation) or avoid deportation (non-LPR cancellation). Two forms: (1) LPR cancellation — for permanent residents 7 years post-admission with 5+ years as LPR, no aggravated felony, and discretion factors; (2) Non-LPR cancellation — 10+ years continuous physical presence, good moral character, no disqualifying conviction, and exceptional and extremely unusual hardship to qualifying U.S. citizen or LPR family.

Eligibility Requirements

LPR Cancellation (240A(a)): 7 years admission + 5 years LPR + no aggravated felony + discretion. Non-LPR Cancellation (240A(b)): 10 years continuous physical presence + good moral character + no qualifying conviction + exceptional and extremely unusual hardship to USC/LPR spouse, parent, or child.

Application Process

Application filed in immigration court during removal proceedings; merits hearing with extensive testimony and evidence; immigration judge decision.

Required Documentation

Tax returns, employment records, family ties evidence; criminal records analysis; hardship documentation including medical, financial, educational impact on qualifying relatives; country conditions evidence; and character witnesses.

Government Filing Fees

Court fees and biometrics.


Processing Timeline

Court schedules vary widely; typically 1–4 years from filing to merits hearing.

Why Choose Our Firm

We pursue cancellation of removal with comprehensive hardship documentation, particularly the high standard of 'exceptional and extremely unusual hardship' for non-LPR cancellation.

READY TO TAKE THE NEXT STEP?

If you face removal and may qualify for cancellation of removal, contact us for case evaluation.

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