Form EOIR-42A guide: Application for Cancellation of Removal for Certain Permanent Residents

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

The official name of Form EOIR-42A is Application for Cancellation of Removal for Certain Permanent Residents, often called cancellation of removal for green card holders. It is issued by the U.S. Department of Justice's Executive Office for Immigration Review (EOIR) and can only be submitted to an immigration judge in removal proceedings in immigration court; it cannot be filed with U.S. Citizenship and Immigration Services (USCIS).

When a green card holder (lawful permanent resident, LPR) receives a Notice to Appear (NTA) from the Department of Homeland Security (DHS) charging them as removable because of a criminal conviction or for another reason, EOIR-42A is one of the most common forms of relief. If it is granted, the applicant keeps their green card and the removal proceedings end. It is based on Section 240A(a) of the Immigration and Nationality Act (INA 240A(a)). There appear to be only three requirements, but the calculation of "continuous residence" is affected by the "stop-time rule," and together with the judge's discretion this makes it quite complex in practice. This page is a general introduction.

At a glance

Item	Details
Official name	Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents
Where it is decided	EOIR immigration court (decided by an immigration judge); appeals go to the Board of Immigration Appeals (BIA)
Who files	The green card holder in removal proceedings
When to file	During immigration court proceedings, by the deadline set by the immigration judge
How to file	File with the immigration court (through the EOIR electronic system or on paper, as the court requires) and serve a copy on the DHS attorneys (the ICE Office of the Principal Legal Advisor, OPLA)
Annual cap	Not subject to the cap of 4,000 grants per fiscal year (that cap applies to EOIR-42B)
Common related items	EOIR-28 (attorney appearance in immigration court), biometrics required by the DHS pre-filing instructions, proof of fee payment
Official page	EOIR forms page

Who needs EOIR-42A

People who already have a green card (including a conditional green card) and are charged as removable in immigration court. A common situation is a criminal conviction (such as a crime involving moral turpitude, a drug-related offense or a domestic violence-related offense) that makes a green card holder removable.
It may also apply to green card holders who are treated as "applicants for admission" when they arrive and are charged as inadmissible (for example, returning after a long absence from the United States, or having committed crimes abroad).

EOIR-42A does not apply to:

People without a green card: use EOIR-42B (cancellation of removal for non-permanent residents);
Green card holders convicted of an aggravated felony: statutorily ineligible;
People who previously received cancellation of removal, suspension of deportation or a waiver under former section 212(c);
Other statutory bars (see below).

Whether a green card holder is actually "removable," and how a criminal conviction is classified under immigration law, are themselves questions that require professional analysis. Whether EOIR-42A applies should be assessed case by case in light of the conviction record.

Legal basis and eligibility: INA 240A(a)

The applicant must meet all three of the following requirements:

Lawful permanent resident for at least 5 years (lawfully admitted for permanent residence for not less than 5 years). The green card must have been obtained "lawfully"; a person who obtained a green card through fraud or without being eligible may be found never to have been "lawfully" admitted for permanent residence.
At least 7 years of continuous residence in the United States after being admitted in any status (resided continuously for 7 years after having been admitted in any status). The 7 years can include time after admission in lawful nonimmigrant status (such as F-1 or H-1B) before obtaining the green card. Time after entering without inspection generally does not count; the clock starts on the day of "admission."
Never convicted of an aggravated felony (has not been convicted of any aggravated felony). "Aggravated felony" is a concept defined in INA 101(a)(43) and is broader than its literal meaning; some convictions that are misdemeanors under state law can qualify.

Statutory bars (INA 240A(c))

Previously granted cancellation of removal, suspension of deportation or a 212(c) waiver;
Security-related inadmissibility or deportability grounds, such as terrorist activity;
Having participated in the persecution of others;
Certain crewmen and exchange visitor (J visa) categories.

The stop-time rule

The 7 years of continuous residence are not counted up to the day of the judge's decision. Under the stop-time rule in INA 240A(d)(1), the clock stops at whichever of the following occurs earlier:

When the Notice to Appear (NTA) is served; or
When an offense is committed that is referred to in INA 212(a)(2) (such as a crime involving moral turpitude or a controlled substance offense) and renders the applicant inadmissible or removable. Note that the relevant date is the date the offense was committed, not the date of conviction.

Relevant U.S. Supreme Court decisions:

Pereira v. Sessions (2018): a Notice to Appear that does not state the time and place of the hearing does not trigger the stop-time rule.
Niz-Chavez v. Garland (2021): the Notice to Appear must be a single document containing all the statutorily required information; an incomplete notice followed by a separate notice of the hearing time cannot be combined into a valid notice that triggers the stop-time rule.
Barton v. Barr (2020): even for a green card holder who is not seeking admission, committing a 212(a)(2) offense that renders them "inadmissible" within the initial 7 years triggers the stop-time rule.

In practice, whether a person has reached 7 years often depends on the earliest admission date, the contents and service date of the Notice to Appear, and the specific dates of the criminal conduct. Entry records, immigration court documents and criminal case files must each be checked.

Discretion: eligibility does not guarantee approval

EOIR-42A is discretionary relief. Once the three statutory requirements are met, the immigration judge still weighs the favorable and unfavorable factors to decide whether to grant cancellation of removal. Common factors listed in BIA precedent (such as Matter of C-V-T-) include:

Favorable factors: family ties in the United States, long residence (especially arrival at a young age), hardship that removal would cause to the applicant and family, military service, employment history, property and community ties, tax payment history, community service, evidence of rehabilitation, and good character;
Unfavorable factors: the nature and seriousness of the violation that led to removal, the number and timing of criminal offenses, other immigration law violations, and evidence of bad character.

The more serious the criminal record, the more favorable evidence is needed. Rehabilitation (for example, completing treatment, finishing probation, steady employment) is usually important evidence.

Tips for completing the form

Personal information and immigration history: all entry and departure records, and the date and manner in which you obtained your green card. The entry date determines the start of the 7-year calculation, and the date you obtained your green card determines the 5 years.
Residence and departure records: list time spent outside the United States truthfully. Long absences may raise questions about "continuous residence" or abandonment of permanent resident status.
Family members: the status and addresses of your spouse, children, parents and siblings; this information is used to show family ties and the hardship removal would cause.
Employment, income, property, taxes: consistent with evidence such as tax returns.
Criminal and arrest records: you must list all arrests, charges and convictions truthfully and completely, including those that were vacated, sealed, or occurred abroad (for example, in China). Omissions not only affect credibility but may also affect findings such as "good character."
Signature and oath: the applicant swears to the contents of the form before the immigration judge, and the form must be consistent with the testimony.

Evidence and documents to include

A copy of your green card, the approval documents for your green card, and entry records (I-94, passport entry stamps);
Evidence of 7 years of continuous residence: leases or property documents, tax returns, employment records, school records, bank records, and so on, covering each period;
Complete criminal records: court judgments, charging documents, plea agreements, and proof of completion of sentence and probation;
Evidence of rehabilitation: certificates of completion of treatment or counseling, employer recommendation letters, community service records;
Evidence of family ties and hardship: identity documents of your spouse and children, medical records, children's school records, proof of the family's financial dependence;
Character evidence: letters of support from family, friends, employers, religious organizations and the community;
Foreign-language documents must include a complete English translation and a translator's certification; see Translation and notarization requirements for immigration documents.

How to file and fees

EOIR-42A is filed with the immigration court; a copy must also be served on the DHS attorneys, and biometrics must be completed under the pre-order instructions issued by DHS.
New fees enacted in 2025: the "H.R. 1" law signed in July 2025 added statutory fees for a number of immigration court applications (including applications for cancellation of removal), charged in addition to existing EOIR fees. In June 2026 EOIR issued an interim final rule adjusting the fees for applications, motions and appeals, requiring payment through the EOIR Payment Portal, and changing the rules for fee waivers and combined payment for multiple applications. The interim final rule may still be revised; check the amounts, payment methods and waiver availability currently published by EOIR, and do not rely on old payment instructions (in the past, the cancellation of removal fee was paid to DHS).

For details, see the EOIR official website and How to check immigration fees and processing times.

What happens after filing

Master calendar hearing: you respond to the charges and state the relief you intend to seek, and the judge sets a filing deadline.
File the application and evidence: file the EOIR-42A, evidence and witness list by the deadlines set by the judge and the court rules.
Biometrics and background checks: complete these as DHS instructs; the judge generally cannot grant relief until background checks are complete.
Individual hearing: the applicant and witnesses testify, the DHS attorney may cross-examine, and the judge decides at the hearing or later.
Outcome: if granted, you keep your green card and the proceedings end; if denied, you may be ordered removed and can appeal to the BIA within the deadline.

The pace of immigration court cases varies widely by court and case; you can check hearing dates in EOIR's automated case information system.

Options after a denial

Appeal to the BIA: the appeal must be filed within the statutory deadline after the judge's decision, and the deadline is short.
Judicial review in federal court: if the BIA dismisses the appeal, you can seek review in a federal circuit court of appeals within the statutory deadline. For discretionary decisions on cancellation of removal, the scope of federal court review is limited by statute, generally to constitutional claims and questions of law (Patel v. Garland, 2022, held that courts do not review findings of fact).
Other relief: depending on the situation, assess post-conviction relief in the criminal case (for example, a conviction vacated for a constitutional defect may affect the immigration consequences), other immigration relief, or a motion to reopen.

EOIR-42A versus EOIR-42B

Item	EOIR-42A (green card holders)	EOIR-42B (non-green card holders)
Legal basis	INA 240A(a)	INA 240A(b)(1); VAWA special rule cancellation is 240A(b)(2)
Who it is for	People who already hold a green card and are charged as removable	People without a green card
Time requirements	5 years as a green card holder, and 7 years of continuous residence after admission	10 years of continuous physical presence (3 years for VAWA)
Criminal bars	No aggravated felony conviction	No conviction listed in 212(a)(2), 237(a)(2) or 237(a)(3), a broader scope
Hardship requirement	No statutory hardship threshold; hardship is only a discretionary factor	Must show "exceptional and extremely unusual hardship" to a qualifying relative
Character requirement	No statutory "good moral character" requirement, but it is a discretionary consideration	Must show good moral character during the 10 years
Annual cap	None	4,000 per fiscal year
Result if granted	Keep your existing green card	Adjustment to green card holder

Frequently asked questions

I have had my green card for 10 years and have a criminal record. Can I definitely apply for EOIR-42A?

Not necessarily. First, it depends on whether the conviction is an aggravated felony; if it is, you are statutorily ineligible. Second, the 7 years of continuous residence are calculated under the stop-time rule; if you committed certain offenses within 7 years after admission, the clock may have stopped at that point, so even a long-time green card holder may not qualify. The calculation must be done specifically from your entry records and criminal case files.

Does time I spent studying or working in the United States before getting my green card count toward the 7 years?

Residence after admission in any status counts, such as time after lawful entry on an F-1 or H-1B. However, time after entering without inspection generally does not count; the starting point is the date of admission.

Can I apply to USCIS for cancellation of removal?

No. EOIR-42A can only be submitted to an immigration judge in removal proceedings in immigration court. A green card holder who is not in removal proceedings has no way to apply "affirmatively" for cancellation of removal.

I received cancellation of removal before. Can I apply again?

No. The law provides that a person who previously received cancellation of removal, suspension of deportation or a waiver under former section 212(c) cannot apply for cancellation of removal again. So after a grant, take particular care to avoid any new violations of law.

Do I need to apply for a green card again after EOIR-42A is granted?

No. The effect of a grant is that removal is cancelled and you keep your existing permanent resident status. If your green card expired during the proceedings, you can renew it as the rules provide. When you later apply for naturalization, your past criminal record will still be considered in the "good moral character" review.

My Notice to Appear did not state the hearing time. How does that affect me?

Under the Supreme Court's decisions in Pereira and Niz-Chavez, a Notice to Appear that does not state the time and place does not trigger the stop-time rule, and a hearing notice sent separately later cannot cure it. This may affect whether you have reached 7 years. However, if DHS later served a complete Notice to Appear, the clock may stop at that point. This requires specific analysis of your case documents.