Cancellation of Removal
Relief from Deportation for Long-Term Residents Under INA § 240A
Cancellation of removal under INA § 240A offers a path to remain in the United States for both lawful permanent residents (EOIR-42A) and non-LPRs (EOIR-42B) in removal proceedings. The firm analyzes stop-time issues, builds hardship packages under Matter of Recinas, and advocates before Hartford Immigration Court.
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Cancellation of removal — quick answer
INA § 240A provides two forms of relief. LPR cancellation (EOIR-42A) requires: 5 years as LPR, 7 years continuous residence after any lawful admission, and no aggravated felony conviction. Non-LPR cancellation (EOIR-42B) requires: 10 years continuous physical presence, good moral character during that period, no disqualifying criminal conviction under INA § 240A(b)(1)(C), and exceptional and extremely unusual hardship to a qualifying USC or LPR spouse, parent, or child under Matter of Recinas, 23 I&N Dec. 467 (BIA 2002). The stop-time rule (INA § 240A(d)(1)) halts accrual when an NTA is served — but Pereira v. Sessions (2018) and Niz-Chavez v. Garland (2021) require the NTA to specify date and time. Non-LPR grants are capped at 4,000 per year under INA § 240A(e).
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Our Services
Cancellation of Removal Services We Provide
- LPR cancellation (EOIR-42A) representation under INA § 240A(a)
- Non-LPR cancellation (EOIR-42B) under INA § 240A(b)(1)
- Stop-time rule analysis under Pereira v. Sessions and Niz-Chavez v. Garland
- Exceptional and extremely unusual hardship package preparation
- Good moral character documentation over the statutory period
- Annual cap (INA § 240A(e)) strategy and continuance planning
- Criminal admissibility analysis and bar screening
- Evidence of 10 years continuous presence and 7-year LPR residence
Our Process
How We Handle Your Cancellation of Removal Case
- 1
Eligibility Assessment
We analyze your NTA for stop-time deficiencies under Pereira and Niz-Chavez, calculate your accrued presence, review criminal history for INA § 240A(b)(1)(C) bars, and determine which cancellation track — 42A or 42B — applies.
- 2
Hardship Package Development
For 42B cases, we build a comprehensive showing of exceptional and extremely unusual hardship to qualifying relatives under Matter of Recinas, 23 I&N Dec. 467 (BIA 2002) — medical, educational, financial, and country-conditions evidence.
- 3
EOIR Form Preparation & Evidence Filing
We prepare Form EOIR-42A or EOIR-42B with supporting exhibits: continuous presence evidence (tax returns, school records, medical records), good moral character documentation, and hardship declarations.
- 4
Merits Hearing Representation
We present the cancellation case before the immigration judge at Hartford Immigration Court, examine witnesses, and submit legal briefing on contested stop-time, hardship, and moral character issues.
Documents
What you'll need for cancellation of removal
Cancellation cases turn on the completeness and credibility of the evidentiary record. We help assemble every exhibit — from decades-old utility bills to expert medical evaluations — tied to each statutory requirement.
- • Proof of continuous physical presence: tax returns (IRS transcripts), school records, medical records, utility bills going back 10+ years
- • Green card or visa records showing date of original lawful admission (for 42A: 5-year LPR and 7-year continuous residence)
- • Notice to Appear (NTA) — to analyze stop-time rule issues under Pereira v. Sessions and Niz-Chavez v. Garland
- • All certified court records and dispositions for any arrests or convictions
- • Birth certificates of U.S.-citizen or LPR children, spouse's immigration documents
- • Medical records, school IEPs, or therapy records for qualifying relatives' hardship evidence
- • Evidence of children's U.S.-only schooling, friendships, language, and ties
- • Financial records: tax returns, bank statements, proof of financial support of family
- • Country conditions reports if relocation to home country would cause exceptional hardship
- • Good moral character evidence: community letters, religious affiliation, civic participation, voluntary tax compliance
Common pitfalls
Where cancellation of removal cases fall short
Miscalculating the stop-time rule
Many respondents believe their NTA was deficient under Pereira and Niz-Chavez, but some circuits apply the rule differently. A careful NTA analysis is essential before relying on a pre-NTA presence argument.
Underestimating the 'exceptional and extremely unusual' standard
42B hardship is higher than the extreme hardship standard for waivers. Generic claims about family separation or poverty in the home country routinely fail. Under Matter of Recinas, the evidence must show hardship substantially beyond that normally expected.
Ignoring the 4,000-case annual cap
Under INA § 240A(e), non-LPR cancellation grants are capped at 4,000 per fiscal year. When the cap is exhausted, cases may be administratively closed or continued. Failing to plan for this creates unnecessary delays.
Criminal history surprises at the hearing
A single conviction for a crime described in INA § 240A(b)(1)(C) eliminates 42B eligibility. Every criminal record — including arrests, deferred adjudications, and expunged offenses — must be disclosed and analyzed before filing.
Costs & fees
Filing fees for cancellation of removal
EOIR and USCIS filing fees are set by regulation. Attorney fees vary with case complexity and length of proceedings. Confirm current EOIR fees at justice.gov/eoir before filing.
Form EOIR-42A
$710
LPR cancellation of removal, plus biometrics — FY2026 amount effective Feb 1, 2026, paid through the EOIR Payment Portal; fee waivers may be requested
Form EOIR-42B
$1,640
Non-LPR cancellation of removal, plus biometrics — FY2026 amount effective Feb 1, 2026, paid through the EOIR Payment Portal; fee waivers may be requested
Form I-589 (if combined)
$100
If asylum is also filed as alternative relief, Congress introduced a $100 I-589 filing fee in July 2025 — confirm current requirements at justice.gov/eoir
By the numbers
In FY 2023, immigration courts completed over 77,000 removal cases — yet non-LPR cancellation of removal remains capped at just 4,000 grants per year under INA § 240A(e).
Source: EOIR FY 2023 Statistics. With immigration court backlogs exceeding 3.7 million pending cases (EOIR FY 2024), the combination of the annual cap and prolonged wait times makes early case preparation and a strong hardship package critical for non-LPR cancellation applicants.
“The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien— (A) has been an alien lawfully admitted for permanent residence for not less than 5 years, (B) has resided in the United States continuously for 7 years after having been admitted in any status, and (C) has not been convicted of any aggravated felony.”
— Immigration and Nationality Act § 240A(a), 8 U.S.C. § 1229b(a) (LPR cancellation)
FAQ
Cancellation of Removal FAQ
What is the difference between 42A and 42B cancellation of removal?
EOIR-42A (INA § 240A(a)) is for lawful permanent residents who have been LPRs for at least 5 years, have 7 years of continuous residence, and have no aggravated felony conviction. EOIR-42B (INA § 240A(b)(1)) is for non-LPRs who have 10 years of continuous physical presence, good moral character, no disqualifying criminal conviction under INA § 240A(b)(1)(C), and can show exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent, or child.
What does 'exceptional and extremely unusual hardship' mean?
This is a higher standard than 'extreme hardship.' Under Matter of Recinas, 23 I&N Dec. 467 (BIA 2002), the BIA considers factors including the ages of U.S.-citizen children, their special education needs, whether they are medically dependent, conditions in the country of removal, the respondent's length of residence, and the combined totality of circumstances. Hardship that would flow to any parent of U.S.-citizen children from deportation is insufficient — the hardship must be substantially different from or beyond that which would normally be expected.
Does the stop-time rule affect my 10 years of presence?
Yes. Under INA § 240A(d)(1), the stop-time rule halts the accrual of continuous presence when a noncitizen is served with a Notice to Appear (NTA). However, Pereira v. Sessions, 138 S. Ct. 2105 (2018), held that an NTA lacking a specific time and date does not trigger the stop-time rule under INA § 239(a)(1), and Niz-Chavez v. Garland, 593 U.S. 155 (2021), further confirmed that a single deficient NTA does not stop time. Consult counsel to analyze whether your NTA is sufficient.
Is there a visa cap on 42B cancellation?
Yes. INA § 240A(e) imposes an annual cap of 4,000 grants of non-LPR cancellation of removal (EOIR-42B). When the cap is reached in a fiscal year, otherwise meritorious cases may be continued until the following year. LPR cancellation (42A) is not subject to this cap.
What is the EOIR-42B filing fee?
For applications filed on or after February 1, 2026, the EOIR-42B (non-LPR cancellation) filing fee is $1,640 plus biometrics, and the EOIR-42A (LPR cancellation) filing fee is $710 plus biometrics — FY2026 amounts under the 2025 budget reconciliation law. Fees are paid to EOIR through the EOIR Payment Portal, and fee waivers may be requested. These fees are separate from attorney fees. Confirm current fees with EOIR (justice.gov/eoir) before filing.
What criminal convictions disqualify me from 42B cancellation?
Under INA § 240A(b)(1)(C), a respondent is ineligible for non-LPR cancellation if they have been convicted of an offense described in INA §§ 212(a)(2), 237(a)(2), or 237(a)(3) — including crimes involving moral turpitude, controlled substance offenses, aggravated felonies, and certain other grounds. Even a single qualifying conviction can bar eligibility.
Frequently Asked Questions
Cancellation of Removal FAQ
Related Topics
Related Immigration Topics
- Deportation Defense — Overview of removal proceedings
- Bond Hearings — Securing release from ICE detention while the case is pending
- Immigration Appeals — BIA appeal of cancellation denials
- Adjustment of Status — Alternative path to LPR status
- Immigration Waivers — I-601/I-601A where cancellation is unavailable
- Schedule a Consultation — Case evaluation for cancellation eligibility
Talk to an immigration attorney
Get clear answers about your immigration case
Schedule a confidential consultation with M. Riaz Musani. Offices in West Hartford, CT and Latham, NY. Multilingual representation in five languages.