Adhami Law Group
Cancellation of Removal for Non-Permanent Residents (INA § 240A(b)) is a discretionary form of relief available to certain undocumented immigrants who meet strict legal criteria. If approved, it cancels the deportation process and grants the applicant lawful permanent resident (green card) status.
However, this form of relief is only available during active removal or deportation proceedings. You cannot apply for it proactively if you are not already in immigration court.
Many immigrants in the U.S. wonder if there’s any legal relief after years of living in the country without status. One form of relief—often misunderstood—is Cancellation of Removal for Non-Permanent Residents, also known as Form 42B. This application is only available to individuals who are currently in removal proceedings before Immigration Courts.
In this post, we explain the eligibility requirements, what you need to prove, and why it’s essential to consult with a skilled immigration attorney before filing.
What Is Cancellation of Removal (42B)?
Cancellation of Removal for Non-Permanent Residents (INA § 240A(b)) is a discretionary form of relief available to certain undocumented immigrants who meet strict legal criteria. If approved, it cancels the deportation process and grants the applicant lawful permanent resident (green card) status.
However, this form of relief is only available during active removal or deportation proceedings. You cannot apply for it proactively if you are not already in immigration court.
Who Qualifies for Cancellation of Removal (42B)?
To be eligible, applicants must meet four main requirements:
- Continuous Physical Presence in the U.S. for 10+ Years
You must show that you have lived physically and continuously in the United States for at least 10 years before receiving your Notice to Appear (NTA) in immigration court. - Good Moral Character
You must prove you have had good moral character during those 10 years. This means no arrests, criminal convictions, or other behavior that could negatively affect your application. - No Disqualifying Criminal History or Immigration Violations
Applicants cannot be inadmissible or deportable based on certain criminal offenses or immigration violations, such as aggravated felonies or false claims to U.S. citizenship. - Exceptional and Extremely Unusual Hardship
This is often the most difficult requirement to meet. You must demonstrate that your removal would cause “exceptional and extremely unusual hardship” to your:
· U.S. Citizen child (under 21 years old)
· U.S. Citizen or Lawful Permanent Resident spouse
· U.S. Citizen or Lawful Permanent Resident parent
This hardship must be significantly worse than the usual impact of deportation. Courts may consider factors such as medical issues, educational disruption, and emotional trauma to qualifying relatives.
Why Legal Representation Matters
Filing Form EOIR-42B and proving eligibility is a complex legal process. You must present evidence, testimony, and legal arguments before an immigration judge. An experienced immigration attorney can:
- · Help gather strong documentation
- · Prepare you and your family for testimony
- · Argue your case clearly and effectively in court
- · Maximize your chances of approval
At Adhami Law Group, we have helped countless clients present compelling cancellation cases in court, and we’re here to guide you through every step of the process.
Key Takeaways
- ✅You must be in removal proceedings to apply
- ✅ You must have lived in the U.S. for 10+ years
- ✅ You must show good moral character
- ✅ You must prove hardship to a qualifying U.S. relative
- ✅ You need a skilled immigration attorney on your side
Schedule a Consultation Today
If you or a loved one is facing deportation and thinks you may qualify for Cancellation of Removal (42B), don’t wait. Contact Attorney Kousha Adhami for trusted legal representation.
