Cancellation of removal for nonpermanent residents (EOIR relief route to LPR)

What still depends on your case

This point stays open on purpose because it can change by case, month, or interview post. This pathway is included for completeness because it can lead to LPR status, but it sits at the edge of a product focused on mainstream USCIS and DOS green-card flows. Anyone in or facing removal proceedings should work with a removal-defense attorney rather than rely on summary material. The deadlines are short and the hardship standard is demanding.

Who it is not for

People who are not in removal proceedings. This relief exists only as a defense before the immigration court. People without a qualifying U.S. citizen or LPR spouse, parent, or child who would suffer the statutory hardship. People with disqualifying criminal records or who cannot show ten years of continuous physical presence. People who already have LPR status (different statute applies).

Decision points

First, confirm the case is actually in removal proceedings before considering this relief. Then evaluate the four statutory elements (continuous physical presence, good moral character, no disqualifying convictions, and qualifying-relative hardship). Decide whether to seek any concurrent relief (such as adjustment under another basis) so the case is not staked entirely on cancellation. Counsel involvement is strongly recommended.

Common mistakes

Trying to apply for non-LPR cancellation outside of removal proceedings (the relief only exists as a defense in court). Misreading the qualifying-relative element (only a U.S. citizen or LPR spouse, parent, or child counts: not siblings, fiances, or cousins). Underbuilding the hardship record. Petitioning pro se when the deadlines and evidentiary standard are notoriously demanding.

Evidence to prepare

Pending removal proceedings before the immigration court; ten years of continuous physical presence in the United States immediately before the application; good moral character throughout that period; absence of disqualifying criminal convictions; a qualifying U.S. citizen or LPR spouse, parent, or child; and a Form EOIR-42B with documentary evidence supporting hardship and the other elements, presented at a merits hearing.

Case-specific considerations

This is not a standard USCIS or NVC immigrant-visa pipeline. The case lives entirely in immigration court. Whether prior immigration applications, advance parole, or specific entry circumstances count toward the continuous-physical-presence requirement is fact-specific. The annual cap on grants can mean a case is held for visa availability even after the judge grants relief.

Interview, biometrics, and medical exam

High-level indicators from the pathway registry. Confirm the details against the official instructions that apply to your case.

Interview

merits hearing in court

Biometrics

Depends on the case

Medical exam

if ordered or required for card production

EOIR-specific notes for this pathway

Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents, filed with the Immigration Court is the operative vehicle for this relief. Relief is discretionary and adjudicated by an Immigration Judge under INA § 240A(b). The four statutory elements are: (1) ten years of continuous physical presence in the United States immediately before the application; (2) good moral character throughout that ten-year period; (3) no disqualifying criminal convictions; and (4) exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child. Congress caps grants at 4,000 per fiscal year nationwide; a case that is granted by the judge may still be held until a visa number becomes available under that annual cap. The EOIR Forms & Fees index (eoir_forms_fees) and the EOIR cancellation-of-removal page for nonpermanent residents (eoir_cancellation_nonpermanent_residents_page) are the primary public-facing EOIR sources for this pathway. The EOIR adjustment-of-status page (eoir_adjustment_status) governs related adjustment mechanics for respondents in proceedings. The EOIR special-rule cancellation page (eoir_special_rule_cancellation) covers a distinct NACARA-adjacent track that is not this pathway but is often confused with it.

What may change between official updates

Court procedures, posture-specific filing rules, the annual cap rollover, and EOIR practice norms vary by court and over time. Continuous-physical-presence interpretation can change as case law develops.

Known cross-source disagreements

This section flags places where two official sources phrase a requirement differently. This site picks a conservative posture until the point is clarified.

Open issues

• A future review could attach a small number of obvious controlling EOIR or regulation anchors if the goal is orientation only and not checklist expansion.
• The current brief did not enumerate the two already attached source IDs, so this pass preserved the reported count rather than restating it inaccurately.
• The prior baseline reported two existing sources but did not enumerate them, so the exact merged count should be rechecked during import.
• Discretion, proceedings posture, and record development still make this a poor candidate for deterministic checklist treatment.

Official forms and PDFs

Official forms and PDF documents used in this pathway. Verify current versions on the official site before downloading.

• EOIR Flyer about Cancellation of Removal, Executive Office for Immigration Review (PDF)
• EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents, Executive Office for Immigration Review (PDF)
• Cancellation of Removal for Nonpermanent Residents, DOJ EOIR (PDF)
• Application for Suspension of Deportation or Special Rule Cancellation of Removal, Executive Office for Immigration Review (PDF)
• EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents, Executive Office for Immigration Review (PDF)

Core forms

The core forms and process artifacts come from the pathway registry and are shown as one stable list.

Form or artifact

EOIR-42B

Form or artifact

supporting hardship/residence/good moral character evidence

Processing modes

Canonical processing modes are preserved from the registry to stay aligned with the route model.

Mode

Immigration court relief process

Quota behavior

Quota behavior is derived from the pathway registry and stays as a structural dossier trait.

Visa availability

Availability does not follow the standard preference-chart model

Affidavit of Support

Not handled through the standard I-864 process

Derivatives

Depends on the case

Route summary

EOIR materials describe non-LPR cancellation of removal as a defensive form of relief in immigration court proceedings: if granted by the immigration judge after a merits hearing, the respondent may remain in the United States and become a lawful permanent resident. The statute imposes a strict numerical cap on grants per fiscal year and requires the higher exceptional and extremely unusual hardship standard rather than the lower hardship standards used in some other relief.

Source references

This page is based on official sources. Recheck time-sensitive rules before filing, traveling, or paying fees.

Official sources on this page

6 official sources support this page.