Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents [EOIR-42B]

A second chance to legally remain in the United States

The Application for Cancellation of Removal for Nonpermanent Residents (Form EOIR-42B) is an essential legal tool for individuals who are in deportation proceedings but do not yet possess permanent residence. This type of immigration relief allows certain immigrants without legal status to obtain the cancellation of their deportation order and, in many cases, lawful permanent residence (Green Card), if they meet the requirements established by law.

At Legalízate Ya, we understand that your life, your family, and your future are at stake. Our commitment is to offer you a solid and compassionate defense, focused on demonstrating before the Immigration Court that you deserve an opportunity to remain in the country you consider home.

Table of Contents

• What is the EOIR-42B Application?
• Who can file this application?
• Eligibility requirements
• Benefits of cancellation of removal
• Process before the Immigration Court
• Evidence and necessary documentation
• Legal assistance with Legalízate Ya
• 📞 Contact us today

What is the EOIR-42B Application?

Form EOIR-42B allows non-permanent residents facing deportation proceedings to request an immigration judge to cancel their removal and, if approved, obtain lawful permanent residence in the United States.

This type of immigration relief is provided for in Section 240A(b) of the Immigration and Nationality Act (INA), and is granted only in cases where the applicant can demonstrate deep roots, good moral character, and extreme consequences that their deportation would cause to citizen or permanent resident family members.

Who can file this application?

Those who may file the EOIR-42B Application are persons who:

• Are currently in deportation or removal proceedings before the Immigration Court.
• Do not possess legal immigration status or are not permanent residents.
• Meet the eligibility criteria established by law (see next section).

This form cannot be filed directly with USCIS, but only as part of a judicial proceeding before the EOIR, generally with the assistance of an immigration attorney.

Eligibility requirements

To qualify for cancellation of removal as a non-permanent resident (EOIR-42B), the applicant must meet all of the following requirements:

1. Continuous physical presence in the United States for at least 10 years.
   • The applicant must demonstrate that they have lived in the country without significant interruptions during that period.
2. Good moral character during those 10 years.
   • Not having committed serious crimes or activities reflecting poor moral character.
3. Absence of convictions for aggravated felonies.
   • These crimes automatically disqualify the applicant.
4. Demonstrate that their deportation would cause extreme hardship.
   • Must prove that their departure from the country would cause “exceptional and extremely unusual hardship” to a qualifying relative, meaning a spouse, parent, or child who is a U.S. citizen or permanent resident.
5. Merit a favorable exercise of discretion by the judge.
   • The judge will evaluate conduct, family ties, community contributions, and other positive factors before deciding.

Benefits of cancellation of removal

If the judge approves the EOIR-42B cancellation of removal, the applicant:

• Obtains lawful permanent residence (Green Card).
• Their deportation process is halted and they can legally remain in the United States.
• Can work legally, obtain a Social Security number, and access immigration benefits.
• Takes an important step toward a stable and protected life under U.S. law.

Process before the Immigration Court

The process to request cancellation of removal EOIR-42B involves several stages:

1. Filing of Form EOIR-42B.
   • It is completed and filed with the Immigration Court, along with supporting documentation and the corresponding fee (or an EOIR-26A fee waiver request, if applicable).
2. Individual hearing before the judge.
   • The applicant or their attorney presents evidence and testimony to demonstrate compliance with legal requirements.
3. Evaluation of evidence and witnesses.
   • The judge may hear testimony from family members or persons vouching for the applicant’s character.
4. Judicial decision.
   • If the judge considers that the applicant meets all criteria and merits favorable discretion, cancellation of removal is granted and permanent residence is awarded.

Evidence and necessary documentation

To strengthen the case, it is recommended to present solid proof attesting to both roots in the United States and the family hardship that deportation would cause.

Among the most relevant documents are:

• Proof of continuous residence (contracts, bills, tax returns).
• Medical or school records of citizen or resident children.
• Letters of recommendation from community leaders, religious leaders, or employers.
• Proof of employment and tax payments.
• Affidavits describing the consequences of a potential deportation.

Every detail is important. A well-documented case can make the difference before the Immigration Court.

Legal assistance with Legalízate Ya

At Legalízate Ya, we understand the fear and uncertainty that accompany a deportation process.
Our immigration attorneys have extensive experience in filing EOIR-42B applications, successfully defending hundreds of immigrants who today enjoy their permanent residence thanks to proper legal representation.

Our team can:

• Evaluate your eligibility for cancellation of removal.
• Prepare all required documentation and affidavits.
• Represent you before the immigration judge with strategy, solid evidence, and empathy.
• Accompany you throughout the process, providing clear guidance and constant support.

📞 Contact us today

If you or a loved one are facing deportation proceedings, there is still hope.
Contact Legalízate Ya at (956) 725-9714 or visit www.legalizateya.com/en to schedule a confidential consultation.

Legalízate Ya — Your defense, your family, your future.