Fill out EOIR-42B (Application for Cancellation of Removal for Certain Nonpermanent Residents) online
Form EOIR-42B is used by certain nonpermanent residents in removal proceedings to apply for cancellation of removal. If granted, the applicant receives lawful permanent resident status. This form of relief requires demonstrating 10 years of continuous physical presence, good moral character, and that removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident relative.
How to fill out EOIR-42B (Application for Cancellation of Removal for Certain Nonpermanent Residents)
Complete personal information
Enter your full legal name, A-Number, date of birth, country of nationality, immigration status, and address. Include all prior addresses for the past 10 years.
Document your physical presence
List your entries to and departures from the U.S. during the past 10 years. Provide evidence of continuous physical presence such as tax returns, employment records, school records, and utility bills.
Identify qualifying relatives and hardship
List your qualifying U.S. citizen or lawful permanent resident relatives (spouse, parent, child). Describe the exceptional and extremely unusual hardship they would suffer if you were removed from the U.S.
Gather supporting evidence and file
Compile evidence of good moral character, family ties, community involvement, and hardship. Include the filing fee or fee waiver request. File the completed application with the Immigration Court.
About EOIR-42B (Application for Cancellation of Removal for Certain Nonpermanent Residents)
Who needs this form
Nonpermanent residents (including undocumented individuals) who are in removal proceedings before an Immigration Judge and meet the eligibility requirements: 10 years of continuous physical presence in the U.S., good moral character during that period, and a qualifying relative who would suffer exceptional hardship.
Where to submit
File with the Immigration Court where your removal proceedings are pending. The application must be submitted during proceedings; it cannot be filed affirmatively with USCIS.
Source and content freshness
- Reviewed: 2026-02-16
- Filing deadlines may shift for weekends and holidays. Verify due dates with official instructions.
Common mistakes to avoid
- Not establishing 10 years of continuous physical presence with sufficient documentation
- Failing to demonstrate the hardship standard (must be "exceptional and extremely unusual," not just ordinary hardship)
- Not identifying the correct qualifying relative (must be a U.S. citizen or LPR spouse, parent, or child)
- Missing the filing deadline set by the Immigration Judge
- Not including the required filing fee or fee waiver request
Frequently asked questions
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What is the difference between EOIR-42A and EOIR-42B?
EOIR-42A is for lawful permanent residents (green card holders) seeking cancellation of removal, which requires 5 years of permanent residence and 7 years of continuous residence. EOIR-42B is for nonpermanent residents, which requires 10 years of continuous physical presence and proof of exceptional and extremely unusual hardship to a qualifying relative. The standards and eligibility requirements differ significantly.
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