Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents (EOIR-42(b))

Certain undocumented persons who are placed into removal proceedings may be eligible for Cancellation of Removal and Adjustment of Status. This application (also known as “EOIR 42B”) is filed defensively with the immigration court as a means of preventing deportation. Unlike other types of immigration benefits, it cannot be filed affirmatively with United States Citizenship and Immigration Services (“USCIS”). A person who is granted Cancellation of Removal receives a green card. While their application for Cancellation of Removal is pending with the Immigration Court, they may be eligible to receive an employment authorization document (“EAD”).

You may qualify for non-LPR cancellation of removal if you can demonstrate that you meet the following criteria:

1. You have been physically present in the United States continuously for at least ten years at of the time you are issued a Notice to Appear in immigration court;
2. You have had good moral character for ten years;
3. You have not been convicted of certain criminal offenses; and,
4. Your deportation would cause exceptional and extremely unusual hardship to your lawful permanent resident or U.S. citizen spouse, child, or parent.

Cancellation of Removal is not available if you have already received cancellation of removal, suspension of deportation, or certain other kinds of relief, or if you have persecuted others.

If you are detained following an arrest, it may be very difficult for you to locate the documents you need for your immigration proceedings and application for Cancellation of Removal. It is important to provide as much evidence as possible in support of your application. Obtaining the following documents in advance and giving them to a loved one for safekeeping will ensure that you are prepared to argue for Cancellation of Removal as relief from deportation proceedings:

• Copies of your identification, including passport and birth certificate;
• Proof of ten years’ presence in the United States, including tax documents, pay stubs, lease agreements, recurring bills, and utilities (such as gas, water, and electric) in your name;
• Proof of employment, such as pay stubs;
• Record of any previous arrests and convictions, and proof of completion of probation or any alternative sentencing programs;
• Records demonstrating community leadership, volunteering, and other charitable work;
• Record of membership in a religious organization;
• Copies of your children’s birth certificates;
• Copy of your marriage certificate;
• Contact information for individuals who would be willing to provide a positive letter of recommendation on your behalf; and,
• Evidence of exceptional and extremely unusual hardship to your United States citizen or lawful permanent resident spouse, parent, or child resulting from your absence. The documentation required to establish this hardship will depend upon your personal circumstances. For example, if a qualifying relative suffers from a serious medical condition, you will need to provide medical documentation proving that condition.

Cancellation of Removal can be difficult to establish, and the burden of proof is on the applicant to convince an Immigration Judge that they are eligible. During your hearing, the United States government will have its own attorney present to argue that you are not eligible for this relief and should be deported. A qualified immigration attorney can help you to present the facts and legal argument required to support your case.