Understanding 42B Cancellation of Removal in the EOIR: A Lifeline for Undocumented Immigrants

Posted by Jorge Trevino | Jul 24, 2023 | 0 Comments

The United States is known as a nation built on diversity and a land of opportunities. Many individuals dream of calling this country their home, and for some, that dream becomes a reality through legal immigration channels. However, others find themselves in the United States without proper documentation, living in fear of deportation.

One ray of hope for undocumented immigrants facing removal is the provision of 42B Cancellation of Removal, a remedy available through the Executive Office for Immigration Review (EOIR). In this blog post, we will delve into the details of 42B Cancellation of Removal and how it can provide a lifeline for individuals seeking to build a life in the U.S.

What is 42B Cancellation of Removal?

42B Cancellation of Removal is a legal provision that allows certain undocumented immigrants to apply for lawful permanent resident status in the United States, thereby preventing their deportation or removal from the country. It is essential to understand that 42B Cancellation of Removal is not a path to citizenship, but rather a form of relief for those facing removal proceedings.

Eligibility Criteria

To be eligible for 42B Cancellation of Removal, an individual must meet specific criteria set forth by the EOIR. Generally, the applicant must demonstrate the following:

  1. Continuous Physical Presence: The applicant must have continuously lived in the United States for a minimum of ten years before the initiation of removal proceedings.

  2. Good Moral Character: The applicant must exhibit good moral character during their ten-year continuous presence in the U.S. and throughout the application process.

  3. Extreme and Unusual Hardship: The applicant must establish that their removal would cause extreme and unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child.

Benefits of 42B Cancellation of Removal

42B Cancellation of Removal offers undocumented immigrants a chance to regularize their immigration status and become lawful permanent residents. With this status, individuals can benefit from various advantages, including:

  1. Legal Status: Being granted 42B Cancellation of Removal provides a path to lawful permanent resident status, allowing individuals to live and work in the U.S. without fear of deportation.

  2. Family Unity: By demonstrating the extreme and unusual hardship on qualifying family members, applicants can protect their family unity and prevent separation from loved ones.

  3. Access to Social Benefits: As lawful permanent residents, individuals gain access to various social benefits, such as healthcare, education, and certain government programs.

The Application Process

Applying for 42B Cancellation of Removal is a complex legal process that requires careful preparation and documentation. Consulting an experienced immigration attorney is crucial to ensure that the application meets all necessary requirements and presents a compelling case for relief.


For undocumented immigrants facing the daunting prospect of removal, 42B Cancellation of Removal can offer a glimmer of hope and a chance for a more stable future in the United States. Understanding the eligibility criteria and benefits of this provision is essential for those seeking to regularize their immigration status.

At The Trevino Law Firm, PLLC, we are committed to assisting immigrants through the complex immigration process. Our team of experienced immigration attorneys can help you navigate the intricacies of 42B Cancellation of Removal and advocate for your rights in the EOIR.

Contact us at 210.227.3200 today for a consultation to discuss your immigration situation and explore the options available to you. Together, we can work towards securing a better and more secure future for you and your family in the United States.


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