Cancellation of Removal (42B): Who Qualifies and How to Prepare

Non-LPR cancellation of removal, often called 42B, is one of the most demanding forms of relief in immigration court.

Main legal requirements

• Continuous physical presence for at least 10 years
• Good moral character during the required period
• No disqualifying criminal history
• Exceptional and extremely unusual hardship to a qualifying relative

Proving hardship

• Medical needs and treatment limitations
• Educational disruption for children
• Financial dependency and caregiving impact
• Country conditions affecting family stability

Court preparation priorities

• Organize a thorough document index
• Prepare direct testimony with specific facts
• Anticipate government cross-examination
• Align declarations with records and timelines

Winning 42B cases depends on precision, credibility, and strong hardship evidence.