Cancellation of removal

Cancellation of removal is an immigration relief that allows you to stop a removal order and, if it is approved, obtain or keep lawful permanent residence in the United States.

It is one of the few legal defenses that can turn a removal (deportation) process into an opportunity to remain in the country lawfully.

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Our immigration lawyers specializing in deportation in Los Angeles will review your immigration and criminal history to determine whether you meet the requirements or if it is better to use other defenses such as asylum in the United States or withholding of removal.

This guide explains step by step who qualifies, how long the process takes, and what benefits cancellation of removal offers.

What does cancellation of removal mean?

Cancellation of removal is an immigration relief authorized by Congress that allows certain immigrants to:

• Stop their removal; and
• Obtain or keep a Green Card, even when there is already a removal order against them.

This benefit replaced the former “suspension of deportation” after the 1996 immigration reform (IIRAIRA). There are two types:

• EOIR-42A (lawful permanent residents): Lets them keep the Green Card if they have 5 years as LPRs, 7 years of continuous presence, and no aggravated felonies.
• EOIR-42B (non–permanent residents): For immigrants without status who:
  • Have lived in the U.S. for at least 10 years;
  • Have good moral character; and
  • Can show that their removal would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent or child.

If the judge approves the case, the removal order is cancelled and lawful permanent residence is granted.

Practical example: A father without status who has lived in the country for more than ten years and whose children are U.S. citizens may qualify if he shows “exceptional and extremely unusual hardship.”

Who qualifies for cancellation of removal?

Not everyone with a removal order can obtain this relief. For a judge to grant it, the applicant must meet the requirements of the Immigration and Nationality Act (INA).

Requirements for lawful permanent residents (Form EOIR-42A)

A lawful permanent resident may request this relief if they:

• Have at least 5 years with a Green Card.
• Have lived continuously in the U.S. for 7 years after being lawfully admitted under any status.
• Have not been convicted of an aggravated felony or other offenses that make them inadmissible.
• Have maintained good moral character during that period.

If the judge approves the case, the person keeps their Green Card and removal is stopped. See more details in our article on the Green Card.

Requirements for non–permanent residents (Form EOIR-42B)

Immigrants without legal status must show:

• 10 years of continuous physical presence in the United States (known as “10-year cancellation of removal”).
• Good moral character during that period.
• That their removal would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent or child.
• No convictions for serious crimes.

In cases of domestic violence, some individuals may qualify through VAWA-based cancellation of removal, a special option for victims.

Practical example: An undocumented mother with two U.S.-citizen children, 12 years in the U.S. and no criminal record may qualify if she proves that her removal would seriously affect her children’s health or education.

There may also be alternatives such as adjustment of status or consular processing, depending on the manner of entry and family relationship.

How long does a cancellation of removal case take?

The length of a cancellation of removal case varies depending on the workload of each immigration court.

On average, it can take between 1 and 4 years, although in highly backlogged courts the process can take longer.

During this time, the judge reviews the evidence, testimony, ICE reports and legal arguments before issuing a decision. While the case is pending, the person is usually allowed to remain in the United States and, in many cases, to obtain a work permit based on cancellation of removal.

Factors that affect the timeline:

• Level of backlog in the court.
• Whether the applicant is detained or released.
• Adjournments, appeals or rescheduling.
• Complexity of the case and number of witnesses or documents.

Useful fact (2026): There are more than 4 million cases pending in immigration courts, so it is crucial to file a solid package from the beginning to avoid more delays.

If the decision is negative, you can still appeal to the Board of Immigration Appeals (BIA). Learn more in “Immigration appeal process”.

Benefits of cancellation of removal

Getting a cancellation of removal approved not only stops removal from the country, it also opens the door to building a stable and lawful life in the United States.

Main benefits:

• Lawful permanent residence (Green Card): the immigrant obtains or keeps permanent residence with the same rights and duties as any other resident.
• Work permit (EAD): it can be requested while the case is pending or after approval.
• Protection from future removals on the same grounds: once it is granted, removal for that cause is cancelled.
• Path to U.S. citizenship: after five years as a resident with good moral character, naturalization can be requested.
• Access to certain public benefits and state licenses: depending on the state, you may access Social Security, a driver’s license or other benefits.

In addition, some applicants can combine this relief with other programs, such as adjustment of status or TPS in the USA as long as there are no serious criminal records.

Short example: A lawful permanent resident facing removal for a minor mistake can keep their status and renew their Green Card thanks to cancellation of removal.

Relationship between cancellation of removal and adjustment of status

In some cases, cancellation of removal and adjustment of status can work together.

If the immigrant obtains cancellation, they become a lawful permanent resident, which later allows them to adjust through a family or employment petition without leaving the country.

For example, a person who won 42B cancellation can later regularize through marriage to a U.S. citizen without doing consular processing.

If cancellation was denied, there may still be an option for adjustment of status if they have an approved family petition (Form I-130) and a waiver available.

Short example: An immigrant married to a U.S. citizen, with 10 years of presence and a removal order, can try cancellation of removal and at the same time leave the way open for adjustment.

Step-by-step process to request cancellation of removal

The request is made before the immigration court and is usually filed with:

• Form EOIR-42A for lawful permanent residents.
• Form EOIR-42B for people without a Green Card.

1. Case preparation

At this stage you gather all evidence proving:

• Continuous physical presence in the U.S.
• Good moral character.
• Family ties with U.S. citizens or lawful permanent residents.

Useful documents include: tax returns, proof of address or rent, medical or school records of qualifying relatives, and support letters from employers, churches or community leaders.

It is advisable to work with an attorney who can guide you on how to remove a deportation order and avoid mistakes.

2. Filing the form with the court

The corresponding form must be filed along with:

• Payment of the filing fee and biometrics.
• Notice to ICE (“proof of service”).
• Organized and numbered evidence.

Then the judge schedules an individual (merits) hearing where they will decide whether to approve or deny cancellation. While the case is open, the person is usually allowed to remain in the country and request work authorization.

What crimes prevent me from requesting cancellation of removal?

Certain deportable offenses can completely bar you from getting cancellation of removal.

The Immigration and Nationality Act (INA § 240A) forbids granting this relief to people with serious criminal records or aggravated felony convictions.

Crimes that block cancellation

• Murder or attempted homicide.
• Drug trafficking or controlled substances offenses.
• Fraud, money laundering or forgery of immigration documents.
• Domestic violence, rape or sexual abuse offenses.
• Prostitution and human trafficking.
• Smuggling or illegal reentry after prior removal.

If you have been charged with or convicted of any of these crimes, you should seek advice from criminal defense lawyers in Los Angeles to see if there is a criminal defense or the possibility of cleaning your criminal record.

Also, if there is already a final removal order, in some cases your attorney can consider a motion to reopen the case or an I-212 waiver, depending on your immigration and criminal history.

Practical example: A resident with an old conviction for marijuana possession could be eligible if they show rehabilitation, but a conviction for drug trafficking would make them ineligible immediately.

Special situations and alternatives to cancellation of removal

When a person does not meet the requirements for cancellation of removal, there are still other types of immigration relief that can stop removal.

Most common options

• VAWA: For victims of domestic violence, allows getting a Green Card without depending on the abuser.
• U or T visa: For victims of crimes or trafficking who cooperate with authorities.
• Juvenile visa: For minors who suffered abuse or abandonment.
• Voluntary departure: Avoids the harshest removal penalties and sometimes allows consular processing later.
• Asylum or refugee protection: When return to the home country would mean persecution under asylum law.

In some situations, the judge may recommend a later adjustment of status if the immigrant marries a U.S. citizen or receives an approved family petition.

Practical example: A young Honduran who was abused may not qualify for 42B cancellation, but may qualify for SIJS, which would eventually allow him to adjust his status.

Frequently asked questions about cancellation of removal

Below are the most common questions our attorneys receive about cancellation of removal.

Is it risky to apply for cancellation of removal?

Yes. If the judge denies your case, you could receive a final removal order. That is why it is essential to have professional representation from immigration attorneys.

The attorney can assess whether there are alternatives such as voluntary departure from the United States or a motion to reopen before filing the relief.

Can I obtain legal status if I have a U.S.-citizen child?

It depends on your situation. If you entered legally, your child over 21 can file a family petition for you.

If you entered without a visa, you could be eligible for a waiver or for the 10-year cancellation of removal if you show that your removal would cause extreme hardship to your U.S.-citizen child.

Learn more about family petitions in our articles on how to fill out Form I-130 and in the guide on petitioning adult children.

What happens if my cancellation of removal is denied?

You can appeal to the BIA. If the denial was due to a procedural error or lack of evidence, it may be possible to file a motion to reopen the case.

However, if the judge upholds the denial, you will not be able to request the same cancellation again.

Can I get a work permit through cancellation of removal?

Yes. USCIS can issue an EAD (Employment Authorization Document) while your case is pending or after it has been approved.

This benefit usually lasts one year and can be renewed if proceedings remain open.

Can I travel within the United States if I have a removal order?

Yes, but with precautions. While your case is active, you should avoid airports and ICE checkpoints.

In “Can an illegal immigrant fly within the US” we explain the highest-risk areas.

After how many years is a removal deleted?

Generally, a removal order remains on record indefinitely.

However, after several years and with favorable changes in your record, you can request an I-212 waiver or try to reenter through consular processing.

How to get legal help for your cancellation of removal

Cancellation of removal is a complex but decisive legal tool for thousands of immigrants.

It allows you to stop removal, keep your residence and even open the path to U.S. citizenship. But procedural mistakes or lack of evidence can ruin an otherwise viable case.

The Lluis Law team has been defending immigrants in Los Angeles courts and throughout California for decades.

Our attorneys can represent you from the first hearing to the final appeal and guide you on other options such as asylum or immigration waivers.

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Contact us today for a confidential consultation and learn the best strategy to protect your future and your family’s future in the United States.