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How to File for Cancellation of Removal | Comprehensive Guide

The Cancellation of Removal (42B) process is one of the most important forms of immigration relief available in the U.S. immigration court system. For immigrants facing deportation, 42B offers a path to stop removal and apply for a green card if strict requirements are met.

At Shepelsky Law Group, our experienced U.S. immigration lawyers guide clients through every step of the 42B cancellation process, from filing the EOIR-42B application to presenting evidence before an immigration judge.

If you’ve lived in the U.S. for over 10 years and have a U.S. citizen or green card–holding spouse or child who would suffer if you’re deported, you may qualify for Cancellation of Removal — a legal process that can lead to a green card. This relief is only available in Immigration Court, and the process can be complex.

What is Cancellation of Removal (42B)?

Cancellation of Removal (often called “42B”) is a way to stop deportation and get a green card through the Immigration Court. It is available to certain immigrants who:

  • Have lived in the U.S. for at least 10 years before going to court
  • Have shown good moral character during that time (no serious crimes, pay taxes, etc.)
  • Have close U.S. citizen or green card family members (spouse, parent, or child) who would suffer exceptional and extremely unusual hardship if the immigrant were deported

If the Immigration Judge approves the 42B application, the immigrant gets a green card and becomes a lawful permanent resident of the U.S.

Common Questions About the 42B Process

How long do you have to be in the U.S. to qualify?

10 continuous years.

What stops the 10-year clock from running?

  • Notice to Appear (NTA) in Immigration Court
  • Arrest
  • Commission of certain acts showing lack of good moral character

Who can be qualifying relatives?

  • U.S. citizen children or lawful permanent resident (LPR) children
  • U.S. citizen spouse
  • LPR spouse

What are the requirements for Cancellation of Removal?

You may qualify if:

  • You’ve lived in the U.S. for 10+ continuous years
  • Your time in the U.S. wasn’t interrupted by an NTA, arrest, or disqualifying act
  • You have a qualifying relative (USC/LPR child or spouse)
  • Your relative would face exceptional hardship if you were deported

Examples of hardship:

  • Medical treatment that’s only available in the U.S.
  • Special education or psychological services
  • Essential jobs (nurse, teacher, government worker, etc.)
  • No employment or unsafe conditions in your home country
  • Risk of persecution based on religion, identity, or ethnicity

Step-by-Step Timeline for 42B Cancellation of Removal

Filing Asylum Application

  • We prepare and file your affirmative asylum application (Form I-589) with USCIS.
  • We also apply for your first work permit (EAD) so you can start working legally while your case is pending.

Request to Move Case to Court

  • After USCIS receives your asylum application, we send a request letter to the Asylum Office asking them to skip the asylum interview.
  • If approved, the case is referred to Immigration Court.
  • This is how we move the case forward to apply for Cancellation of Removal (42B) in court.

Notice to Appear in Immigration Court

  • You will receive a Notice to Appear (NTA).
  • This means your case is officially in Immigration Court.
  • Do not be alarmed—this is the step we are waiting for.

Preparing Your 42B Cancellation of Removal Case

  • We prepare and file your EOIR-42B application with the court and USCIS.
  • This includes:
    • Gathering evidence (proof of 10 years in the U.S., good moral character, hardship to family)
    • Writing and filing a legal brief with arguments in your favor
    • Preparing you and your family/witnesses to testify in court

Court Hearings

  • Master Calendar Hearing: A short first hearing where the judge checks the status of the case.
  • Individual Hearing (Final Trial): The main hearing where we present your case, you and your witnesses testify, and the judge makes a decision.

If you win, you may need to wait for a visa number in this category (current backlog is several years).

Final Step – Decision by the Judge

  • When the judge grants Cancellation of Removal (42B), you will receive a green card and become a lawful permanent resident of the United States.
  • This is the ultimate goal of the process.

Key Things to Know

  • You can’t apply for a work permit while your case is pending with asylum
  • You can only apply for a work permit once you’re in Immigration Court
  • If married, each spouse must file separately with their own documents
  • The NTA must include a valid date and time
  • Evidence is crucial: family relationships, hardship documentation, tax returns, community support letters

How Long Does the 42B Process Take?

  • Typically, 5–6 years total.
  • Once a visa becomes available, the Immigration Judge schedules a final hearing.
  • After approval, USCIS processes the physical green card (6 weeks to several months).

Summary of the Process

  1. File asylum → get work permit
  2. Ask USCIS to move case to court
  3. Receive Notice to Appear (NTA)
  4. File EOIR-42B → present case in court → win green card

Need Help With Cancellation of Removal?

We’re a female, immigrant-owned law firm with a proven record of success helping immigrants fight removal and build their futures in the U.S.

Shepelsky Law Group
2415 Avenue U, Ste. 2 Rear
Brooklyn, NY 11229
Tel: (718) 769-6352
Fax: (718) 764-1198
www.ShepelskyLaw.com