Cancellation of Removal for Nonpermanent Residents

Cancellation of removal for nonpermanent residents is a form of relief where your removal is "cancelled."

• To be eligible for cancellation of removal for nonpermanent residents, you must establish that:
• You have been continuously physically present in the United States for at least ten years.
• You have been a person of good moral character during that time (the previous ten years before submitting your application).
• You have not been convicted of an offense covered by INA §§ 212(a)(2), 237(a)(2), or 237(a)(3).
• Your removal would result in exceptional and extremely unusual hardship to your United States citizen or lawful permanent resident spouse, parent, or child.
• You deserve a grant of cancellation of removal as a matter of discretion.

To apply for cancellation of removal for nonpermanent residents, you will need to complete an Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents, Form EOIR-42B, and file it with the appropriate immigration court. You should carefully review the instructions to the Form-42B before you complete the application and file it with the immigration court.

You must also pay the filing and biometrics fees and comply with the Department of Homeland Security (DHS) instructions for providing biometric and biographic information to USCIS.

You are also required to serve a copy of your application on the Assistant Chief Counsel for the DHS, U.S. Immigration and Customs Enforcement (ICE) as required on the proof of service page of the application.

If granted cancellation of removal for nonpermanent residents, your status will be adjusted to that of a lawful permanent resident. Evidence of lawful status is obtained through the Department of Homeland Security. Please refer to the resources provided by USCIS for more information on this process.

To determine if you may be eligible for naturalization or to apply, please see the citizenship and naturalization resources provided by USCIS.