Form EOIR-42B guide: Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents

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

The official name of Form EOIR-42B is Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents, often called cancellation of removal for non-permanent residents, and popularly oversimplified as "after 10 years in the U.S. you can apply for a green card." 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). If it is granted, the removal proceedings end and the applicant adjusts to lawful permanent resident (green card holder).

It is important to be clear: living in the United States for 10 years does not by itself give you any status, and it does not let you apply affirmatively for a green card. The 10 years are only one of the four requirements in INA 240A(b)(1); the hardest one is proving that removal would cause "exceptional and extremely unusual hardship" to your U.S. citizen or green card holder spouse, parent or child. In addition, at most 4,000 people can be granted this relief each fiscal year, and only people already in removal proceedings can apply. The claim circulating online that you can "turn yourself in after 10 years and get a green card" ignores these key requirements and the risk of entering removal proceedings in the first place.

At a glance

Who needs EOIR-42B

• People without a green card who have received a Notice to Appear (NTA) and are charged in immigration court as removable or inadmissible, for example people who overstayed a visa, entered without inspection, or lost their status;
• People who have lived in the United States for a long time and have a U.S. citizen or green card holder spouse, parent or unmarried child under 21 (generally applying under 240A(b)(1));
• People subjected to domestic violence by a U.S. citizen or green card holder spouse or parent (who may consider VAWA special rule cancellation under 240A(b)(2); see below).

EOIR-42B does not apply to:

• People who already hold a green card: use EOIR-42A;
• People who are not in immigration court proceedings: they cannot apply affirmatively;
• People who previously received cancellation of removal, suspension of deportation or a waiver under former section 212(c);
• Statutory bars such as certain crewmen, J visa holders subject to the two-year home residence requirement who have not fulfilled it, people who participated in the persecution of others, and terrorism-related grounds (INA 240A(c)).

Legal basis and eligibility: INA 240A(b)(1)

The applicant must meet all four of the following requirements and bears the burden of proof:

1. Continuous physical presence in the United States for at least 10 years, counted up to the date of the application (but subject to the stop-time rule; see below). Unlike EOIR-42A, what matters here is physical presence in the United States; lawful admission is not required.
2. Good moral character during those 10 years. INA 101(f) lists situations in which good moral character cannot be found as a matter of law, such as giving false testimony to obtain an immigration benefit, certain crimes, or deriving income principally from illegal gambling; even outside those situations, the judge may find a lack of good moral character based on the totality of the circumstances.
3. No conviction of an offense under INA 212(a)(2), 237(a)(2) or 237(a)(3), such as crimes involving moral turpitude (with exceptions in some cases), controlled substance offenses, domestic violence-related offenses, and document fraud-related violations. This bar is much broader than the "aggravated felony" bar in EOIR-42A.
4. Removal would result in "exceptional and extremely unusual hardship" to the applicant's U.S. citizen or green card holder spouse, parent or child. The hardship must fall on these "qualifying relatives"; hardship to the applicant personally does not count; "child" generally means an unmarried child under 21.

"Exceptional and extremely unusual hardship"

This is one of the highest hardship standards in cancellation of removal, far above the "extreme hardship" standard used in ordinary waivers. BIA precedent (such as Matter of Monreal, Matter of Andazola and Matter of Recinas) holds that the hardship must be "substantially beyond" what would normally result from a family member's removal; family separation, reduced finances and fewer educational opportunities for children are usually not enough on their own. The judge considers all of the following together:

• The qualifying relatives' ages and health (for example, a child with a serious illness or special education needs, or dependence on treatment in the United States);
• How much the qualifying relatives depend on the applicant financially and for care;
• The conditions the qualifying relatives might face if they went with the applicant to the home country (language, education, medical care);
• Whether other family members could care for the qualifying relatives if they stayed in the United States;
• The cumulative effect of all the factors.

The qualifying relative must still qualify at the time the judge decides. A child who turns 21 or marries while the case is pending may no longer count as a qualifying relative, which is a real risk in long-delayed cases. In addition, in Wilkinson v. Garland (2024), the U.S. Supreme Court held that an immigration judge's determination of whether established facts meet this hardship standard is a mixed question of law and fact that federal courts of appeals can review.

Continuous physical presence and the stop-time rule

The stop-time rule (INA 240A(d)(1))

The 10 years of continuous physical presence stop accruing at whichever of the following occurs earlier:

• When the Notice to Appear (NTA) is served; or
• When an offense referred to in 212(a)(2) is committed that renders the person inadmissible or removable (based on the date the offense was committed).

In other words, if you received a Notice to Appear before reaching 10 years in the United States, no amount of time you stay afterward can make up the 10 years. This is another reason the "10 years" claim is misleading: the end point of the calculation is not the day of the hearing.

The Pereira and Niz-Chavez decisions

• Pereira v. Sessions (2018): the U.S. Supreme Court held that 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 U.S. Supreme Court further held that the Notice to Appear must be a single document stating all the statutorily required information; an incomplete notice followed by a separately mailed notice of the hearing time cannot be combined into a valid Notice to Appear that triggers the stop-time rule.

As a result, a Notice to Appear received years ago that did not state the hearing time and place may not have cut off the 10-year calculation. However, if DHS later served a complete Notice to Appear, the clock may have stopped at that point. Whether you have reached 10 years must be calculated specifically from the originals of every Notice to Appear, the service dates and your entry date.

Departures break continuous physical presence

Under INA 240A(d)(2), a single departure from the United States of more than 90 days, or departures totaling more than 180 days, break continuous physical presence. In addition, departures arranged by immigration officials (for example, returning after being turned back at the border, or accepting voluntary departure) may also be found to break continuous presence; this requires case-by-case analysis.

The cap of 4,000 per fiscal year

Under INA 240A(e), the number of people who may adjust to green card status through cancellation of removal (and suspension of deportation under prior law) is capped at 4,000 per fiscal year. Once the numbers run out, an immigration judge may withhold a grant in an eligible case until numbers become available in the next fiscal year; the specific procedure follows the federal regulations (8 CFR 1240.21). The limited numbers are one reason these cases take a long time. EOIR-42A (cancellation of removal for green card holders) is not subject to this cap.

VAWA special rule cancellation (INA 240A(b)(2))

EOIR-42B is also used for "special rule cancellation" under the Violence Against Women Act (VAWA). The main requirements, in brief:

• The applicant was battered or subjected to extreme cruelty by a U.S. citizen or green card holder spouse or parent (or is the parent of a child subjected to such abuse, as well as certain "intended spouse" situations);
• 3 years of continuous physical presence before the application; the statute provides that service of a Notice to Appear does not interrupt these 3 years, and there are special rules for departures connected to the abuse;
• Good moral character during that period;
• No specified criminal or security-related inadmissibility or deportability grounds, and no aggravated felony conviction;
• Removal would cause extreme hardship to the applicant, the applicant's child or the applicant's parent, a lower standard than the "exceptional and extremely unusual hardship" of 240A(b)(1).

People who have experienced domestic violence may also have other options (such as an I-360 VAWA self-petition or an I-918 U visa), which should be assessed together.

Tips for completing the form

• Entry and residence records: your first entry date and manner of entry, and every departure and return afterward, listed in chronological order. This is the basis for calculating the 10 years and determining whether there was a break; verify everything rather than estimating from memory.
• Addresses and employment history: cover the entire 10 years, with evidence supporting each period. Ask an attorney how to report work done during periods without work authorization, but never make false statements.
• Family members: list each qualifying relative's status (citizen or green card holder), date of birth and address, and whether they depend on the applicant for support.
• Property, income, taxes: consistent with tax returns. If you have not filed taxes, or there are problems with your filings, have this assessed and addressed first, as it affects the "good moral character" determination.
• Arrest and criminal records: you must truthfully and completely list all arrests, charges and convictions, including traffic-related criminal charges (such as DUI) and records abroad.
• Oath: the applicant swears before the immigration judge that the contents of the form are true, and the form must be consistent with the testimony and evidence.

Evidence and documents to include

• 10 years of continuous physical presence: evidence organized by year, such as leases, utility bills, bank records, tax returns, pay stubs, medical records, children's birth and school records, and records of religious or community activities. The evidence should cover every period, without long gaps;
• Good moral character: tax returns, police clearances or complete court records, and letters of recommendation (employers, community, religious organizations);
• Qualifying relatives' status: copies of U.S. birth certificates, passports, naturalization certificates or green cards, and proof of relationship (birth certificates, marriage certificates);
• Hardship evidence: qualifying relatives' medical records and doctors' opinions, psychological evaluations, individualized education programs (IEPs), school records, family financial records, information on medical and educational conditions in the home country, and expert opinions;
• 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-42B is filed with the immigration court; a copy must also be served on the DHS attorneys, and biometrics must be completed under the DHS pre-filing instructions.
• 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.

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

What happens after filing

1. Master calendar hearing: you respond to the charges and state that you intend to seek cancellation of removal (and any other relief you may pursue at the same time, such as asylum), and the judge sets a filing deadline.
2. File the application and evidence: file the EOIR-42B, evidence and witness list by the deadline.
3. Work permit: while an EOIR-42B is pending in immigration court, you can generally apply for a work permit through I-765, with proof that the application was filed with the court; work permit fees, validity periods and processing rules have changed several times in recent years, so check current USCIS rules.
4. Biometrics and background checks: the judge generally cannot grant relief until background checks are complete.
5. Individual hearing: the applicant, qualifying relatives and other witnesses testify, and the DHS attorney cross-examines.
6. Outcome: if granted and a number is available, the applicant adjusts to green card holder; if denied, the applicant may be ordered removed or granted voluntary departure, and can appeal to the BIA within the deadline.

Options after a denial

• Appeal to the BIA: the appeal must be filed within the statutory deadline after the judge's decision.
• 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. Courts do not review pure findings of fact, but legal questions and mixed questions, such as the application of the hardship standard, are reviewable (Wilkinson v. Garland, 2024).
• Motion to reopen: if there is important new evidence (for example, a qualifying relative's condition has significantly worsened), you may be able to move to reopen, subject to strict conditions and deadlines.
• Note: if the applicant is denied and ordered removed in the United States, a later departure may trigger bars to re-entry; assess this in advance.

EOIR-42B versus EOIR-42A

Frequently asked questions

Official sources

• EOIR forms page (including EOIR-42B and instructions)
• U.S. Code: 8 U.S.C. 1229b (INA 240A, cancellation of removal)
• Federal regulations: 8 CFR Part 1240 (including 1240.20 and 1240.21)
• Federal Register: EOIR fees (June 11, 2026)
• U.S. Department of Justice, Executive Office for Immigration Review (EOIR)

Related reading

• Form EOIR-42A guide: cancellation of removal for green card holders
• Form I-589 guide: Application for Asylum and for Withholding of Removal
• Form I-765 guide: application for employment authorization
• Family-based immigration: who can petition for whom?

This article is general information and is not legal advice. Laws and policies may change; rely on the latest official information and on an attorney's advice for your specific situation.