Cancellation of removal: who can ask for it, the EOIR-42A and EOIR-42B fees, and the rules that stop the clock

Cancellation of removal is a form of relief that an immigration judge may grant, in removal proceedings only. Permanent residents use Form EOIR-42A ($730 from 1 October 2026); people who are not permanent residents use Form EOIR-42B ($1,690), which requires 10 years of continuous physical presence and "exceptional and extremely unusual hardship" to a qualifying relative. The clock for both generally stops when a Notice to Appear is served.

Cancellation of removal is not a visa and it is not an application a person can make from the outside. It is a request, made to an immigration judge inside a removal case, that the judge cancel the removal order that would otherwise follow. The statute is written in permissive terms. For permanent residents it says the Attorney General "may cancel removal". For everyone else it says the Attorney General "may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence". "May" means the judge has discretion even when every requirement is met.

This page explains, as at 10 October 2026, what the statute and the regulations say: the two kinds of cancellation, the counting rules that stop the clock, the 4,000-a-year limit on one of them, the October 2026 EOIR filing fees, how the application is filed, and who carries the burden of proof. It describes rules. It does not say whether any person meets them, and it does not suggest which relief a person should seek. Those are questions of law and fact for an attorney or a DOJ-accredited representative. The deadlines in a removal case are strict, and an application not filed by the date the judge sets can be treated as waived, so a person who has been served with a Notice to Appear should get regulated help early.

Quotation marks on this page mean the exact words of the statute, regulation or official page named.

What cancellation of removal is, and where it is decided

Cancellation of removal comes from section 240A of the Immigration and Nationality Act, 8 U.S.C. 1229b. It sits inside the removal proceeding that begins with a Notice to Appear (see our page on the Notice to Appear). The regulation says where the application goes: 8 CFR 1240.20(a) says it is "submitted on Form EOIR-42, Application for Cancellation of Removal, to the Immigration Court having administrative control over the Record of Proceeding of the underlying removal proceeding". Paragraph (b) adds: "The application may be filed only with the Immigration Court after jurisdiction has vested pursuant to § 1003.14 of this chapter."

Two points follow from that wording.

It is a defence inside a case, not a way into the system. Someone who is not in removal proceedings does not apply for cancellation of removal.
The judge decides, on evidence. The application is argued at a hearing before an immigration judge, with a government attorney from ICE on the other side. Either side can appeal to the Board of Immigration Appeals; see our page on the BIA appeal for the 10-day deadline.

The statute creates three versions of relief, and the forms and fees differ:

cancellation for certain permanent residents, in 8 U.S.C. 1229b(a), filed on Form EOIR-42A;
cancellation and adjustment of status for certain people who are not permanent residents, in 8 U.S.C. 1229b(b)(1), filed on Form EOIR-42B; and
a special rule for certain battered spouses and children, in 8 U.S.C. 1229b(b)(2), which also uses the non-permanent-resident track and has shorter presence requirements.

EOIR also publishes Form EOIR-40, for suspension of deportation, the relief that existed under the law as it stood before 1 April 1997. It carries the same fee as the EOIR-42A in the current fee table.

Cancellation for permanent residents (Form EOIR-42A)

The statute sets three requirements for a green card holder. The Attorney General may cancel removal of an alien who is inadmissible or deportable if the alien:

"has been an alien lawfully admitted for permanent residence for not less than 5 years,"
"has resided in the United States continuously for 7 years after having been admitted in any status," and
"has not been convicted of any aggravated felony."

Each requirement has its own counting and its own legal questions.

The 5 years are years as a permanent resident. Time as a visitor, student or in another status does not count towards the 5.

The 7 years count residence "after having been admitted in any status", so time in a non-permanent status counts here. This is the requirement the stop-time rule (below) most often decides.

The aggravated-felony bar is defined by a long list of offences in the Immigration and Nationality Act, and whether a particular conviction is on it can turn on how the criminal statute is written. That analysis is a job for a lawyer who handles both criminal and immigration law. It is also one of the points on which people with old convictions are most often surprised.

There is no annual limit on this type. The 4,000-a-year limit in 8 U.S.C. 1229b(e) applies only to the non-permanent-resident type described next.

If the judge grants cancellation, the person keeps permanent resident status and the removal case ends. If the judge denies it, the case continues toward an order, which can be appealed.

Cancellation for people who are not permanent residents (Form EOIR-42B)

The second type is much harder to qualify for, and it is the one with the most counting rules. The statute, 8 U.S.C. 1229b(b)(1), says the Attorney General may cancel removal of, and adjust to permanent resident status, an alien who is inadmissible or deportable if the alien:

"has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;"
"has been a person of good moral character during such period;"
"has not been convicted of an offense under section 1182(a)(2), 1227(a)(2), or 1227(a)(3) of this title, subject to paragraph (5); and"
"establishes that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence."

Four features matter when reading the list.

The qualifying relative is narrow. The hardship must be to a spouse, parent or child who is a US citizen or permanent resident. Hardship to the applicant alone does not meet the text, and neither does hardship to a relative who has no status.
The hardship standard is stated in the statute's own words: "exceptional and extremely unusual". The wording is stronger than "extreme hardship", the phrase Congress used in the special rule for battered spouses and children.
It is an adjustment of status as well as a cancellation. If granted, the judge adjusts the person to permanent resident status, and the statute says the Attorney General "shall record the alien's lawful admission for permanent residence as of the date of the Attorney General's cancellation of removal".
The criminal bar is broader than the one for permanent residents. It reaches offences under the inadmissibility and deportability grounds the statute lists, not only aggravated felonies.

The special rule for battered spouses and children (8 U.S.C. 1229b(b)(2)) requires physical presence "for a continuous period of not less than 3 years immediately preceding the date of such application" and says that "the issuance of a charging document for removal proceedings shall not toll the 3-year period of continuous physical presence in the United States". The hardship standard in that provision is "extreme hardship to the alien, the alien's child, or the alien's parent". The statute also sets out qualifying abuse by a US citizen or permanent resident spouse or parent and treats evidence the Attorney General finds credible.

Who is barred altogether

8 U.S.C. 1229b(c) lists people to whom the permanent-resident type and the 10-year non-permanent-resident type "shall not apply". In summary, the list includes:

a person who entered the United States as a crewman after 30 June 1964;
certain exchange visitors in the J category, namely those admitted for graduate medical education or training, and those subject to the two-year foreign residence requirement who have not fulfilled it or received a waiver;
a person inadmissible under the security-related ground in section 1182(a)(3) or deportable under 1227(a)(4);
a person described in section 1231(b)(3)(B)(i), the persecutor bar; and
a person whose removal "has previously been cancelled under this section", or who had suspension of deportation or similar older relief.

Each item has its own definitions in the statute. A person who thinks one of them could apply should ask a regulated practitioner to read the entry against the actual history, since many of these categories hinge on details the person may not know are relevant, such as the exact status in which a person was first admitted.

The rules that stop the clock

For both main types the question is often not whether the person has lived in the country long enough, but when the counting ends. 8 U.S.C. 1229b(d)(1) says that any period of continuous residence or continuous physical presence "shall be deemed to end (A) except in the case of an alien who applies for cancellation of removal under subsection (b)(2), when the alien is served a notice to appear under section 1229(a) of this title, or (B) when the alien has committed an offense referred to in section 1182(a)(2) of this title that renders the alien inadmissible to the United States under section 1182(a)(2) of this title or removable from the United States under section 1227(a)(2) or 1227(a)(4) of this title, whichever is earliest."

In plain terms, the clock stops on the earlier of two events: service of the Notice to Appear, or commission of a listed offence. The exception is the battered spouse and child rule, where service of the charging document does not stop it.

Trips abroad. 8 U.S.C. 1229b(d)(2) says that a person "shall be considered to have failed to maintain continuous physical presence" for the 10-year and 3-year requirements "if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days." Residence for the 7-year permanent-resident requirement is a different measure, and the statute's physical-presence trip limits are written for the non-permanent-resident track.

Military service. 8 U.S.C. 1229b(d)(3) says the continuity requirements do not apply to a person who served at least 24 months in active-duty status in the US Armed Forces, was honourably separated if separated, and was in the United States at enlistment or induction.

Two illustrations show how the counting works. They are arithmetic, not predictions.

A person first admitted in March 2016 is served a Notice to Appear in April 2026. Under (d)(1) the clock for the 7-year residence count stops in April 2026, having run a little over 10 years. What matters is whether 7 years had been reached by the stopping date, not by the date of the later hearing.
A person who arrived in July 2017 is served a Notice to Appear in July 2026. The 10-year presence requirement counts "immediately preceding the date of such application", but (d)(1) deems the period to end on service. The count stopped at about 9 years, and a hearing held in 2028 does not extend it. Whether a particular notice was legally sufficient to stop the clock is a question of law that an attorney can assess.

The limit of 4,000 grants a year

8 U.S.C. 1229b(e)(1) provides that "the Attorney General may not cancel the removal and adjust the status under this section ... of a total of more than 4,000 aliens in any fiscal year." The limit applies to cancellation with adjustment of status, which is the non-permanent-resident type, and it counts decisions, not applications. There are exceptions in (e)(3) for certain people covered by the Nicaraguan Adjustment and Central American Relief Act and for people in deportation proceedings before 1 April 1997.

The regulation turns that statute into a queue. 8 CFR 1240.21(c)(1) says: "When grants are no longer available in a fiscal year, further decisions to grant such relief must be reserved until such time as a grant becomes available under the annual limitation in a subsequent fiscal year." A judge can therefore find a person eligible and exercise discretion favourably and still be unable to issue the grant until a new fiscal year opens. Under 1240.21(c)(2), the court still decides every other form of relief the person has applied for, whether or not the cap has been reached.

The fiscal year runs from 1 October to 30 September. How the cap has been affecting waiting times in any court is not something this page reports, and it changes; ask a practitioner who is appearing in that court.

EOIR fees from 1 October 2026

Cancellation applications filed with the immigration court carry an EOIR fee. 8 CFR 1103.7(b)(4)(i) sets the amounts, and the fiscal year 2027 inflation adjustment (91 FR 54211, effective 1 October 2026) updated the statutory part. Each total is a $100 base fee plus an amount added by the One Big Beautiful Bill Act:

Form EOIR-42A (cancellation for certain permanent residents): $100 + $630 = $730.
Form EOIR-42B (cancellation and adjustment for certain non-permanent residents): $100 + $1,590 = $1,690.
Form EOIR-40 (suspension of deportation): $100 + $630 = $730.

The fiscal year 2027 notice raised the EOIR-42B statutory part from $1,540 to $1,590 and the EOIR-42A part from $610 to $630. Fees move again each fiscal year, so check the EOIR fees page before paying.

Payment rules, quoted from 8 CFR 1103.7(a)(1): "The only accepted form of fee payment is payment through the EOIR Payment Portal". EOIR's fee page adds that "As of Monday, February 23, 2026, EOIR will no longer accept checks or money orders for immigration fees paid to EOIR." The regulation also says "Filing fees generally are non-refundable regardless of the outcome of the benefit request", and that an application is not accepted without proof of payment or a waiver request.

Fee waivers. 8 CFR 1003.24(d) says the immigration judge "has the discretion to waive a fee for a motion or application for relief upon a showing that the filing party is unable to pay the fee", with a properly executed affidavit or declaration. If the request is denied, "the application or motion will not be deemed properly filed, provided the Immigration Judge grants 15 days to re-file" the rejected document, and the same paragraph says the judge then "tolls any applicable filing deadline during the 15-day cure period". A waiver is a request, not an entitlement.

Biometrics are separate. The application needs identity and security checks before it can be granted. Under 8 CFR 1003.47, DHS tells the person how to give biometrics, and failing to file the documents and to comply with biometrics requirements within the time the judge sets "constitutes abandonment of the application", unless the person shows good cause.

Filing deadlines, burden of proof and discretion

Deadlines in the case. The judge sets the dates. 8 CFR 1003.31(h) says: "The immigration judge may set and extend time limits for the filing of applications and related documents and responses thereto, if any. If an application or document is not filed within the time set by the immigration judge, the opportunity to file that application or document shall be deemed waived." A calendar date in the court's scheduling order is not a guideline.

Who must prove what. 8 U.S.C. 1229a(c)(4)(A) puts the burden on the person asking for relief: "An alien applying for relief or protection from removal has the burden of proof to establish that the alien— (i) satisfies the applicable eligibility requirements; and (ii) with respect to any form of relief that is granted in the exercise of discretion, that the alien merits a favorable exercise of discretion." The same section says the judge decides whether testimony is credible and persuasive and that, where the judge thinks corroboration should be offered, "such evidence must be provided unless the applicant demonstrates that the applicant does not have the evidence and cannot reasonably obtain the evidence."

In practice that means a cancellation case is built from documents: proof of the dates of presence and residence, proof of the qualifying relative's status and relationship, evidence on good moral character, and evidence of hardship. Keeping a record of absences from the country and of every address matters, because those are the dates the counting rules turn on.

Appeal. Either side can appeal the judge's decision to the Board. The deadline is 10 calendar days from the decision in most cases (8 CFR 1003.38(b)(1)); the 30-day period applies only where the judge adjudicated an asylum application and did not deny it under section 208(a)(2)(A), (B) or (C).

Representation. The right to counsel exists "at no expense to the Government". Only attorneys and DOJ-accredited representatives, among others on the closed list in 8 CFR 1292.1, may represent a person in the immigration court. See who can represent you in a deportation case and low-cost and pro bono immigration legal help.

Finding a licensed attorney or accredited representative

Migratio's directory lists immigration attorneys and DOJ-accredited representatives. Listings are shown in a neutral order with factual filters (state, language, attorney or accredited representative). Migratio does not recommend, rank or match any lawyer, and it is not a lawyer referral service. Check any listing yourself against the state bar or the EOIR roster before you sign anything.

See attorneys and accredited representatives in the directory.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Migratio is not a law firm and does not give legal advice. Only a licensed attorney or a DOJ-accredited representative can advise you.

Questions people ask

What is the difference between EOIR-42A and EOIR-42B?

Form EOIR-42A is for certain lawful permanent residents (8 U.S.C. 1229b(a)): 5 years as a permanent resident, 7 years of continuous residence after admission in any status, and no aggravated felony. Form EOIR-42B is for certain people who are not permanent residents (1229b(b)(1)): 10 years of continuous physical presence, good moral character, no listed offences, and "exceptional and extremely unusual hardship" to a US citizen or permanent resident spouse, parent or child. The EOIR fee is $730 for the 42A and $1,690 for the 42B from 1 October 2026.

How much does cancellation of removal cost in 2026?

The EOIR filing fee is $730 for Form EOIR-42A and $1,690 for Form EOIR-42B, under 8 CFR 1103.7(b)(4)(i) as updated by 91 FR 54211 (effective 1 October 2026). It is paid through the EOIR Payment Portal. The judge may waive the fee on a showing of inability to pay (8 CFR 1003.24(d)). Attorney and accredited-representative fees are separate and are set by the practitioner or organization. Check the EOIR fees page before paying.

Can I apply for cancellation of removal if I am not in immigration court?

Under 8 CFR 1240.20, the application is submitted to the Immigration Court that has the underlying removal case, and "may be filed only with the Immigration Court after jurisdiction has vested". Cancellation is a form of relief inside removal proceedings. Whether another kind of application is open to a person outside court is a question for an attorney or accredited representative.

Does a Notice to Appear stop the 10 years?

Under 8 U.S.C. 1229b(d)(1), continuous residence or physical presence "shall be deemed to end" when the person is served a notice to appear (or on commission of a listed offence, whichever is earlier). The exception is the battered spouse and child rule in (b)(2). Whether a particular notice was sufficient to stop the clock is a legal question.

Is there a limit on how many people can get cancellation of removal?

Yes, for the non-permanent-resident type with adjustment of status: 8 U.S.C. 1229b(e)(1) caps decisions at 4,000 a year, and 8 CFR 1240.21(c)(1) says further grants "must be reserved until such time as a grant becomes available" in a later fiscal year. There is no such cap on the permanent-resident type.

Can a notario or immigration consultant help me apply for cancellation of removal?

No. Only attorneys and DOJ-accredited representatives can represent a person in immigration court (8 CFR 1292.1(e): "Except as set forth in this section, no other person or persons shall represent others in any case."). A mistake in a cancellation case can cost the person the right to apply, because filing deadlines set by the judge are enforced.

Sources

Last checked 2026-10-10.

Related guides

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