42A — LPR Cancellation
For qualifying lawful permanent residents, the analysis includes permanent-resident status, residence after admission, disqualifying offenses, stop-time issues, and discretion.
Texas Cancellation of Removal Attorney
You built a life here.
Now the court is deciding whether you can keep it.
Cancellation of removal representation for qualifying lawful permanent residents and nonpermanent residents in immigration court, including 42A and 42B cases, hardship evidence, good-moral-character issues, criminal-history analysis, merits hearings, and appeals.
Cancellation is not simply a request for sympathy. It is statutory relief with specific eligibility requirements, demanding evidence, and a final discretionary decision by the immigration judge.
42ALPR cancellation
42BNon-LPR cancellation
HardshipEvidence must be specific
DiscretionEligibility is not the finish
TexasImmigration court defense
At a Glance
What is cancellation of removal?
Cancellation of removal is relief an immigration judge may grant to certain people already in removal proceedings. Lawful permanent residents and nonpermanent residents use different statutory paths with different requirements. For qualifying nonpermanent residents, a grant can result in lawful permanent resident status.
Two Different Cases
42A and 42B share a name. They do not share the same eligibility test.
The first question is which cancellation statute applies. From there, the case must be built around that statute's exact requirements.
42B — Non-LPR Cancellation
For qualifying nonpermanent residents, the case generally centers on continuous physical presence, good moral character, disqualifying offenses, and exceptional and extremely unusual hardship to a qualifying relative.
Continuous Presence
Travel, entries, departures, immigration documents, and other events should be mapped carefully because timing rules can determine eligibility.
Good Moral Character
Criminal history, taxes, support obligations, false statements, immigration history, and other conduct may become part of the analysis.
Criminal Bars
The exact offense, statute, disposition, sentence, and immigration classification can determine whether cancellation remains available.
Discretion
Even after statutory eligibility is established, the judge weighs the record in deciding whether relief should be granted.
42B Hardship
“My family needs me” is the beginning of the evidence—not the end.
Non-LPR cancellation requires exceptional and extremely unusual hardship to a qualifying U.S.-citizen or lawful-permanent-resident spouse, parent, or child. The record should document the consequences across health, education, finances, caregiving, special needs, family structure, country conditions, and other relevant circumstances.
01Who is the qualifying relative?
02What medical, educational, developmental, or caregiving needs exist?
03What changes if the family separates or relocates?
04Which records and witnesses prove those consequences?
Build The Evidence
Four records that can shape the cancellation case.
Presence and residence.
Tax records, leases, school records, medical records, employment records, bills, and other dated documents can help establish the required history.
Family evidence.
Birth, marriage, custody, school, caregiving, and household records establish relationships and how the family actually functions.
Hardship documentation.
Medical records, evaluations, educational plans, financial evidence, expert material, and country evidence can make hardship concrete.
Positive equities.
Employment, taxes, rehabilitation, service, community involvement, family responsibility, and witness testimony can matter to discretion.
The Cancellation Process
Qualify. Document. Prepare. Prove.
A strong merits-hearing record is built long before the respondent takes the witness stand.
Screen Eligibility
Determine whether 42A, 42B, VAWA cancellation, or another form of relief fits the respondent's history.
Map The Timeline
Analyze admissions, residence, physical presence, departures, immigration documents, criminal cases, and stop-time questions.
Build The Record
Develop hardship, good-character, family, medical, financial, rehabilitation, and other evidence supporting eligibility and discretion.
Prepare The Merits Hearing
Prepare testimony, witnesses, exhibits, legal arguments, cross-examination issues, and appellate preservation where necessary.
The Stop-Time Rule
A date on the timeline can decide whether the required years count.
Cancellation cases can involve the statutory stop-time rule, which affects accrual of continuous residence or physical presence after specified events. The immigration documents, criminal history, admission history, and complete timeline should be analyzed before assuming the required period has been met.
Frequently Asked Questions
Cancellation-of-removal questions.
What is the difference between 42A and 42B cancellation?
42A generally refers to cancellation for qualifying lawful permanent residents. 42B generally refers to cancellation for qualifying nonpermanent residents. Their eligibility requirements differ.
Do I need a U.S.-citizen family member for 42B?
The hardship requirement focuses on a qualifying spouse, parent, or child who is a U.S. citizen or lawful permanent resident.
Is living in the United States for ten years enough to win 42B?
No. Continuous physical presence is only one part of the case. Other requirements include good moral character, the absence of specified disqualifying offenses, qualifying-relative hardship, and a favorable exercise of discretion.
Can a criminal conviction prevent cancellation?
It can. The effect depends on the criminal statute, disposition, sentence, immigration classification, cancellation category, and other facts.
Can I appeal a denial?
Some denials can be appealed to the Board of Immigration Appeals, although the available issues depend on the basis for the decision. Deadlines are strict.
Cancellation of Removal Consultation
How Long Have You Built Your Life Here — And Who Depends On You?
Tell us whether you have a green card, how long you have lived in the United States, your family members' immigration status, your next immigration-court date, and whether you have any criminal history.
Ready to discuss your cancellation case?
Use the firm's secure contact page to request a consultation, or call 833-FOR-PIRI to speak with the office.
Contacting the firm does not create an attorney-client relationship.