Cancellation of removal Cancellation of removal (non-permanent resident and permanent resident)
Cancellation of removal is not something you apply for at USCIS - it is a defence raised before an immigration judge once the government has already started removing you. There are two versions. For a non-permanent resident it converts an undocumented person into a green card holder outright, which is why it is the most sought-after relief in immigration court and the hardest to win. For a permanent resident it simply cancels the removal and lets them keep the status they already have.
- Duración
- permanent, if granted. A grant of non-permanent resident cancellation adjusts the person's status to lawful permanent resident. A grant of permanent resident cancellation means the person retains the permanent residence they already had. Either way the removal proceedings end.
- Extensiones
- Not applicable. There is nothing to renew. Cancellation is available once in a lifetime in practical terms - a person who has previously been granted cancellation, or suspension of deportation, is barred from a second grant.
- Trabajo
- Not by the application itself. A respondent with a pending application for cancellation may be eligible for employment authorisation while the case is before the immigration court. On a grant of non-permanent resident cancellation, work authorisation follows from the permanent residence; on a grant of permanent resident cancellation, the existing green card continues.
- Dependientes
- None. Cancellation is personal. Each family member in proceedings must qualify separately, which is a hard problem because the hardship in the non-permanent resident version must be to a qualifying relative who is a citizen or permanent resident - so a family in which no one has status has no route at all.
- Camino a la residencia permanente
- For the non-permanent resident version, the grant is itself the green card: the immigration judge adjusts the person's status to lawful permanent resident and evidence of that status is then obtained through DHS. For the permanent resident version there is no change of status, only the removal of the threat to it. Naturalisation is available on the ordinary timetable afterwards.
- Tiempo de trámite
- Set by the immigration court's docket, not by an agency queue, and then by the 4,000 annual cap. Even a granted case can wait for a number to become available. There is no published national figure and specific timings are unverified.
- Cupo anual y filas de espera
- 4,000 a year. Under INA 240A(e)(1) the Attorney General may not cancel removal and adjust status under INA 240A, nor suspend deportation and adjust status under the former INA 244(a), for more than 4,000 people in any fiscal year. The limit applies regardless of when the person applied and applies to the aggregate. The practical consequence is that immigration judges reserve decisions and the queue for a number can add years to an already-won case.
Quién califica
- Non-permanent resident cancellation under INA 240A(b): anyone in removal proceedings who has been continuously physically present for at least ten years and has a qualifying U.S. citizen or permanent resident spouse, parent or child
- Permanent resident cancellation under INA 240A(a): a lawful permanent resident of at least five years with seven years of continuous residence after a lawful admission in any status, who has not been convicted of an aggravated felony
- VAWA cancellation under INA 240A(b)(2): a battered spouse or child, who needs three years of continuous physical presence rather than ten, and can qualify on hardship to themselves
- Special rule cancellation under NACARA, on Form I-881, for certain Guatemalan, Salvadoran and former Soviet bloc nationals
Requisitos
- Non-permanent resident: continuous physical presence in the United States for at least ten years; good moral character during that period, meaning the ten years before submitting the application; no conviction of an offence covered by INA 212(a)(2), 237(a)(2) or 237(a)(3); that removal would result in exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent or child; and that you deserve a grant as a matter of discretion
- The hardship must be to the qualifying relative, not to you. Hardship to yourself is legally irrelevant in the non-permanent resident version
- Permanent resident: lawful permanent residence for at least five years; at least seven years of continuous residence after a lawful admission in any status, accrued before the notice to appear was served or before you committed an offence referred to in INA 212(a)(2), 237(a)(2) or 237(a)(4); no aggravated felony conviction; and a favourable exercise of discretion
- Both versions require the filing fee and the biometrics fee, and compliance with DHS instructions for providing biometric and biographic information to USCIS
- Both require service of a copy on the ICE Assistant Chief Counsel, as set out on the proof of service page of the application
Cómo solicitar
- 1
You cannot start this. It only exists once the government has placed you in removal proceedings by filing a notice to appear with the immigration court.
- 2
Non-permanent resident: complete Form EOIR-42B and file it with the immigration court handling your case. Read the instructions carefully before filing.
- 3
Permanent resident: complete Form EOIR-42A and file it with the immigration court.
- 4
Pay the filing fee and the $30 per person biometrics fee. Since 23 February 2026 EOIR no longer accepts checks or money orders - everything goes through the EOIR Payment Portal, and you must keep the receipt and the tracking ID.
- 5
Comply with the DHS instructions for providing biometric and biographic information to USCIS.
- 6
Serve a copy on the ICE Assistant Chief Counsel as required by the proof of service page.
- 7
Build the hardship case. For the non-permanent resident version, exceptional and extremely unusual hardship to a qualifying citizen or permanent resident relative is the whole case, and the standard is deliberately higher than ordinary hardship.
- 8
If you lose, appeal on Form EOIR-26 within 30 days, at $1,030 - but note that since 9 March 2026 the Board's merits review of an immigration judge's decision is discretionary.
Tarifas y formularios
| Form EOIR-42B, non-permanent resident cancellation | $1,640, rising to $1,690 on 1 October 2026 |
| Form EOIR-42A, permanent resident cancellation | $710, rising to $730 on 1 October 2026 |
| Biometrics | $30 per person, for either form |
| Form EOIR-40, suspension of deportation | $710, rising to $730 on 1 October 2026, plus $30 biometrics |
| Form I-881, NACARA special rule cancellation, filed with EOIR | $775 for suspension, $775 for special rule permanent resident cancellation, $1,705 for special rule non-permanent resident cancellation |
| Form EOIR-26, appeal to the Board of Immigration Appeals | $1,030, rising to $1,060 on 1 October 2026 |
| Motion to reopen or reconsider before an immigration judge | $1,065, rising to $1,095 on 1 October 2026 |
| Form EOIR-26A, fee waiver request for appeals and motions | $0 |
| Form I-485 filed in immigration court | $2,980 |
Qué cambió en 2025 y 2026
- 23 February 2026 - EOIR stopped accepting checks and money orders. All immigration fees must be paid electronically through the EOIR Payment Portal, and the digital receipt with its tracking ID is the only proof of payment.
- 9 March 2026 - an interim final rule on appellate procedures for the Board of Immigration Appeals (91 FR 5267, published 6 February 2026) made the Board's merits review of immigration judge decisions discretionary.
- 11 June 2026 - the EOIR Fees rule (91 FR 35369) took effect on publication, following the FY2026 OBBBA inflation notice at 91 FR 2561 of 21 January 2026, effective 1 February 2026. These are the rules behind the current $1,640 and $710 amounts.
- 21 August 2026 - the FY2027 OBBBA inflation adjustment (91 FR 54211) raised EOIR fees effective 1 October 2026: Form EOIR-42B to $1,690, Form EOIR-42A and Form EOIR-40 to $730, Form EOIR-26 and EOIR-29 to $1,060, a motion to reopen or reconsider before an immigration judge to $1,095 and before the Board to $1,060, and Form EOIR-45 to $2,070. The adjustment reflects a CPI-U change of 3.4%.
- The EOIR pages for both forms were last updated 20 April 2026 and the substantive eligibility requirements are unchanged.
- Matter of H-A-A-V-, 29 I&N Dec. 233 (2025), permits an immigration judge to pretermit applications without an evidentiary hearing, which reaches cancellation cases where the ten-year presence or the qualifying relative is contested on the papers.
- No 2025 or 2026 Federal Register rulemaking on VAWA cancellation of removal under INA 240A(b)(2) was found; whether the Board has changed its treatment is unverified.
- The 4,000 annual limit in INA 240A(e)(1) has not been amended.
Dónde suele fallar
- The stop-time rule. Continuous physical presence for the non-permanent resident version, and continuous residence for the permanent resident version, stop when the notice to appear is served or when a qualifying offence is committed. Someone who has been here fifteen years but was served a notice to appear in year eight has eight years, not fifteen.
- Hardship to yourself. In the non-permanent resident version it counts for nothing. The hardship must be exceptional and extremely unusual, and it must be to a citizen or permanent resident spouse, parent or child.
- No qualifying relative at all. A person with ten years of presence, good character and a U.S. citizen sibling or a fiancé has no case, because siblings and partners are not qualifying relatives.
- Departing the country. Certain absences break continuous physical presence, and a departure under a removal order ends the case.
- Assuming a win ends it. The 4,000 annual cap means granted cases wait for a number.
- The aggravated felony bar in the permanent resident version. It is absolute, there is no waiver, and the immigration definition of aggravated felony is far broader than it sounds.
- Missing the fee mechanics. Since 23 February 2026 payment is electronic only, and a filing without the receipt and tracking ID can be rejected.
- Filing an appeal and expecting merits review. Since 9 March 2026 the Board's review is discretionary.
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