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Cancellation of Removal for Permanent Residents

Cancellation of removal for permanent residents is a form of relief from removal where your removal is "cancelled." This means that you will retain your lawful permanent resident status.

  • To be eligible for cancellation of removal for permanent residents, you must establish that:
  • You have been a lawful permanent resident for at least five years.
  • You have at least seven years of continuous residence in the United States after having been lawfully admitted in any status. You must accumulate the seven years before you were served with the Notice to Appear or before you committed an offense referred to in sections 212(a)(2) and 237(a)(2) of the INA or section 237(a)(4) of the INA.
  • You have not been convicted of an aggravated felony.
  • You deserve a grant of cancellation of removal as a matter of discretion.

To apply for cancellation of removal for permanent residents, you will need to complete an Application for Cancellation of Removal for Certain Permanent Residents, Form EOIR-42A, and file it with the appropriate immigration court. You should carefully review the instructions to the Form EOIR-42A 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 in the proof of service on page 7 of the application.

If granted cancellation of removal for permanent residents, you will retain your lawful permanent status. 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.

Updated December 14, 2025