Cancellation of Removal for Non-Permanent Residents (the 10-Year Rule)

Cancellation of removal for non-permanent residents (sometimes called "10-year cancellation" or "42B relief") is a form of relief that an immigration judge can grant to certain people who are already in removal (deportation) proceedings and who do not have a green card. To qualify, you generally must show: at least 10 years of continuous physical presence in the United States, good moral character during that period, no disqualifying criminal convictions, and that your removal would cause "exceptional and extremely unusual hardship" to a qualifying U.S.-citizen or lawful-permanent-resident (LPR) spouse, parent, or child. Even if you meet every requirement, the number of grants is capped each year, and the decision is discretionary — an immigration judge does not have to grant it just because you are technically eligible.

This is a serious, high-stakes area of law. This article explains the framework in plain terms so you understand what is at stake and what to ask a lawyer, but it is not a substitute for representation by a qualified immigration attorney or a Department of Justice (DOJ)-accredited representative.

What this relief is — and what it is not

Cancellation of removal for non-permanent residents is authorized under section 240A(b)(1) of the Immigration and Nationality Act (INA). It is only available to people who are currently in removal proceedings before an immigration judge — you cannot apply for it on your own with U.S. Citizenship and Immigration Services (USCIS) outside of court. If granted, your status is adjusted to that of a lawful permanent resident (a green card holder).

Do not confuse this with cancellation of removal for lawful permanent residents under INA 240A(a) — a separate form of relief for people who already have a green card, requiring five years as an LPR and seven years of continuous residence, with no hardship showing required. This article covers only the version for people who do not currently have a green card.

The four core requirements

1. Ten years of continuous physical presence

You generally must have been physically present in the United States for a continuous period of at least 10 years immediately before applying. Certain absences can break "continuous" presence, and physical presence generally stops accruing ("the stop-time rule") once you are served with a qualifying Notice to Appear in immigration court or once you commit certain offenses. The stop-time rule and what counts as a qualifying absence involve technical, evolving case law — an attorney needs to review your exact travel history and court paperwork dates to tell you whether you meet this element.

2. Good moral character

You must show good moral character for the relevant statutory period. Certain criminal convictions or conduct create an automatic bar to establishing good moral character — some bars are permanent, others apply only during the relevant period. This can be affected by things well beyond convictions, such as certain admissions of conduct.

3. No disqualifying convictions

Certain criminal convictions — most importantly an "aggravated felony" as defined in immigration law, but also other offense categories tied to the grounds of inadmissibility and deportability — disqualify you from this relief entirely, regardless of hardship or how sympathetic your case is. "Aggravated felony" is a defined immigration-law term that does not always match how a crime is labeled under state law; a relatively minor-sounding state conviction can sometimes qualify. Any criminal history should be reviewed by an immigration attorney before you decide whether to pursue this relief.

4. Exceptional and extremely unusual hardship

You must show that your spouse, parent, or child who is a U.S. citizen or lawful permanent resident (your "qualifying relative") would suffer hardship from your removal that goes well beyond what any family normally experiences when a member is deported. This is a very high legal bar — hardship to you personally does not count, and ordinary hardship (financial strain, family separation, adjusting to life abroad) is generally not enough by itself. Judges weigh the qualifying relative's age, health conditions, dependence on you, ties to the United States, and realistic conditions in the country you would be removed to. Because this element decides most cases, strong documentation (medical records, school records, financial records, psychological evaluations) matters enormously.

The annual cap on grants

Even a fully eligible, sympathetic case is not guaranteed a grant, in part because of a statutory numerical limit. By law, only a set number of people nationwide may be granted this form of cancellation of removal (and the related suspension of deportation and VAWA cancellation of removal) in any fiscal year. In practice, the cap has historically filled during the fiscal year, given how many cases are pending nationwide. When the cap is reached, judges can still find a case approvable and "reserve" the grant in a queue, with the actual grant issued once a new fiscal year's allotment opens — so even a strong case can face a long wait between approval and final resolution. Your attorney can tell you where things currently stand with the cap and how it may affect your timeline.

How the process works

• This relief is requested using Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents, filed with the immigration court handling your case — not with USCIS.
• It can only be raised as a defense inside existing removal proceedings; there is no way to affirmatively apply for it if you are not already in proceedings.
• You will submit extensive documentation of your presence, character, and your qualifying relative's hardship, and typically have an individual merits hearing where you and often your qualifying relative testify.
• Filing fees, biometrics requirements, and forms can change — always confirm current requirements directly with the Executive Office for Immigration Review (EOIR) at justice.gov/eoir or through your attorney, rather than relying on a fee figure found elsewhere online.

What to do

1. Talk to an immigration attorney or a DOJ-accredited representative as soon as possible — ideally before or immediately after you are placed in removal proceedings. Whether the stop-time rule has already cut off your physical presence, and whether any past conviction disqualifies you, are technical questions that need individualized legal analysis.
2. Gather proof of continuous presence now: leases, pay stubs, tax filings, school and medical records, utility bills, and sworn statements from long-time acquaintances dated across the relevant years.
3. Document your qualifying relative's situation: medical diagnoses, school evaluations, counselor letters, and financial dependency records showing why their hardship would be exceptional and extremely unusual, not just difficult.
4. Do not miss any deadline set by the immigration court. Court proceedings run on strict deadlines for filings, evidence, and any appeal or motion to reopen; missing one can end your case without full consideration of your claim. Confirm every deadline with EOIR or your attorney.
5. If you already have a removal order, ask an attorney immediately whether a motion to reopen is available and what its deadline is — these have their own short, easy-to-miss filing windows.

Beware of notario fraud

Because this relief has such a high bar and serious consequences for getting it wrong, it is a common target for immigration fraud. A "notario público," a non-attorney "immigration consultant," or anyone other than a licensed attorney or a DOJ-accredited representative is not authorized to represent you in immigration court. Paying an unauthorized person can waste your limited time before a hearing and permanently damage your case. Verify credentials through your local bar association's referral service or EOIR's list of recognized organizations and accredited representatives.

Key takeaways

• Ten years of continuous physical presence, good moral character, no disqualifying convictions, and "exceptional and extremely unusual" hardship to a qualifying U.S.-citizen or LPR spouse, parent, or child are all required — and even then, a grant is discretionary.
• This relief is only available as a defense inside existing removal proceedings, filed on Form EOIR-42B with the immigration court, not with USCIS.
• A statutory annual cap limits how many people nationwide can be granted this relief (shared with suspension of deportation and VAWA cancellation of removal) each fiscal year, which can delay even an approved case.
• It is legally distinct from cancellation of removal for lawful permanent residents (INA 240A(a)), which applies only to people who already hold a green card.
• Given the stakes and the technical rules (stop-time rule, aggravated felony definitions, good-moral-character bars), get help from a qualified immigration attorney or DOJ-accredited representative rather than trying to handle this alone.

Frequently asked questions

Can I apply for this on my own, without being in court?

No. It can only be requested as a defense in removal proceedings already pending before an immigration judge — there is no affirmative filing with USCIS.

Does hardship to me count, or only to my family member?

The standard focuses on your qualifying relative — a spouse, parent, or child who is a U.S. citizen or LPR. Hardship to you personally, standing alone, does not satisfy this requirement.

What happens if the annual cap is reached before my case is decided?

A judge can still find your case approvable and place it in a reserved queue; the grant is issued once a new fiscal year's allotment opens, which can delay final resolution.

Will any criminal record disqualify me?

Not necessarily, but certain convictions — especially an "aggravated felony" as defined in immigration law, not state law — will disqualify you entirely. Any record needs individualized review by an attorney.

Is this the same as cancellation of removal for green card holders?

No. INA 240A(a) is a separate form of relief with different requirements for people who already have a green card.

This article provides general information about U.S. immigration law and is not legal advice; it does not create an attorney-client relationship. Immigration consequences can be severe and case-specific — consult a qualified immigration attorney or a DOJ-accredited representative, and beware of notario or unauthorized "immigration consultant" fraud.