Cancellation of removal is an immigration relief option that helps immigrants in removal proceedings stop deportation. The relief, granted to approximately 4,000 people every year, enables the immigrants to remain in the United States.
The requirements to apply for cancellation of removal differ if the applicant is a lawful permanent resident (LPR) or a non-permanent resident.
This information is not a substitute for legal advice from a qualified attorney or accredited representative. This story was last updated March 12, 2025.
If you are a non-permanent resident seeking to stop a deportation
If you want to stop a deportation, you must be able to demonstrate continuous physical presence in the United States of at least 10 years.
- Must show proof to have lived in the US for at least 10 years. Rent receipts, mortgage payments, birth/marriage certificates, or health records can be used as proof.
- Trips abroad cannot exceed 90 days at a time or 180 days in total.
Show good moral character
Johnna Main Bailey, an attorney in the Memphis office of Siskind Susser, who focuses on family-based immigration and deportation defense cases, explains that this requirement broadly means people who have not been convicted of disqualifying crimes and who are paying taxes.
- Letters from family and friends can support your case.
- Drug or alcohol abuse, illegal gambling, or certain criminal convictions can disqualify you.
No serious criminal convictions
You must not have committed an aggravated felony, such as murder, rape, drug or firearm trafficking, or fraud over $10,000.
Extreme and unusual hardship to a qualifying family member
You must be able to prove your deportation would cause severe hardship to a U.S. citizen or LPR spouse, parent, or unmarried child under 21.
Main Bailey said that this requirement is the most important. “To win a case for cancellation, an applicant must show exceptional and extremely unusual hardship. Hardship standards exist in many immigration applications, but cancellation has the highest hardship standard.”
Also Read: USCIS Case Status: How To Check Your Visa Petition and More
There are different forms of hardship, with medical hardship being the most difficult, she explained. “Evaluate if a medical diagnosis or condition requires additional physician appointments or medication. Next is emotional hardship, which a psychological evaluation of the qualifying relative can document. Financial, educational, and professional hardship are also considered. Sometimes, the combination of all of these factors makes a case applicable,” Main Bailey said.
If you are a lawful permanent resident resident seeking to stop a deportation
The eligibility criteria for cancellation of removal for lawful permanent residents are different. For this group, meeting the requirements involves demonstrating a sustained presence and a clean record. Specifically, they must have held their permanent resident status for at least five years and have resided in the United States for at least seven years. Additionally, they must not have been convicted of an aggravated felony, as such a conviction would render them ineligible for relief.
Detained? You may still be eligible for cancellation of removal
A detained non-citizen, refugee, or asylee can apply for cancellation of removal while in deportation proceedings.
The eligibility requirements are the same. If you have a criminal conviction and you don’t include it on an application, it will lead to a bad judgement of good moral character criteria. Legal experts advise never to lie to immigration officials.
How to apply for cancellation of removal
- If you are a non-permanent resident, file Form EOIR-42B, known as “Application for Cancellation of Removal and Adjustment for Certain Nonpermanent Residents”
- If you are a permanent resident, file Form EOIR-42A, known as “Application for Cancellation of Removal for Certain Permanent Residents”
- This application must be filed with the immigration court where the judge ordered removal.
- Those detained should use the address for the detention center.
- Applicants can also submit a fee waiver online. The waiver will ask for wages and expenses. As of 2025, the filing fee for Form EOIR-42A is $100, plus a $30 biometrics fee. Fees may change, so applicants should check the U.S. Department of Justice website for updates.
Gather your proof
If you are detained, ask a trusted family member or friend to collect the documentation needed. Make sure to send copies and not the originals. The evidence needed will depend on the hardship listed in the application.
It is recommended by lawyers to collect as many letters of reference as possible from friends, family, and employers. These letters should highlight your positive contributions to the U.S., including your character, work ethic, and community involvement.
After filing the form, the applicant will need to testify in front of a judge and explain why they should stop the deportation order and permit the applicant to remain in the U.S. Here’s a more detailed step-by-step guide for this.
What resources are available for immigrants placed on removal orders?
It is highly recommended to seek assistance from an experienced immigration attorney or accredited representative. Legal professionals can help you understand your rights and explore available options if you need to stop a deportation order. There are many organizations in New York providing free assistance to migrants. They are staffed with professionals who are familiar with the complexities of immigration law and can help guide you through your case. It’s crucial to reach out as early as possible to secure the support you need.
The Legal Aid Society
Website: www.legalaidnyc.org
Services: Provides free legal assistance in immigration matters, including deportation defense and asylum applications.
Phone: 212-577-3300
Immigrant Justice Corps (IJC)
Website: www.justicecorps.org
Services: Offers free legal help through fellows who specialize in immigration law.
Phone: (212) 407-3417
Catholic Charities Community Services
Website: www.catholiccharitiesny.org
Services: Assists with immigration applications, deportation defense, and Know Your Rights workshops.
Phone: (888) 744-7900
Make the Road New York
Website: www.maketheroadny.org
Services: Provides free legal support for immigrants, including assistance with DACA, TPS, and family petitions.
Phone: (718) 418-7690
The Door
Website: www.door.org
Services: Offers free legal services for young immigrants aged 12-24, including removal defense and visa applications.
Phone: (212) 941-9090
African Services Committee
Website: www.africanservices.org
Services: Provides immigration legal assistance, particularly for African migrants, including asylum and refugee status applications.
Phone: (212)-222-3882
UnLocal, Inc.
Website: www.unlocal.org
Services: Offers community-based legal services and education for New York’s immigrant communities.
Phone: (646)-216-8210
The Mayor’s Office for Immigrant Affairs (MOIA)
The Mayor’s Office for Immigrant Affairs (MOIA) offers free legal assistance. Their Immigration Legal Support Hotline is available from Monday to Friday between 9:00 am to 6:00 pm. You can call them at 800-354-0365 or 311 and say “Immigration Legal.” Their service is available in many languages, including Spanish, French, Chinese and Haitian Creole.
Find all MOIA Legal Support Centers here.
