Cancellation of removal for people without a green card

This page explains cancellation of removal for people who are not permanent residents. It is general information, not legal advice. These cases are hard and depend on many details. Please work with a lawyer or DOJ accredited representative.

Can 10 years here and U.S. citizen children stop my deportation?

They can, if you meet every requirement. A judge may cancel your removal and give you a green card if you show all four of these:

1. 10 years of continuous physical presence in the U.S. right before you apply
2. Good moral character during those 10 years
3. No conviction for the crimes listed in certain parts of immigration law
4. "Exceptional and extremely unusual hardship" to your U.S. citizen or permanent resident spouse, parent or child if you are deported

Even if you meet all four, the judge still decides whether you deserve it. And only 4,000 people a year can receive it.

You can only ask in immigration court. You cannot mail this application to USCIS. It is a defense used once you are in removal proceedings. Do not ask to be put in court to apply. That is a big risk, and you could lose.

How are the 10 years counted?

This is where many cases are won or lost.

• The clock stops when you are served a Notice to Appear. Your 10 years must be complete before that. The Supreme Court has said the notice must be a single document that includes the time and place of your hearing to stop the clock. If yours did not, the clock may have kept running. A lawyer can check.
• The clock also stops if you committed certain crimes. Committing an offense that makes a person inadmissible or deportable under the criminal grounds can end the 10 years on the date of the offense.
• Long trips break the 10 years. One trip outside the U.S. longer than 90 days, or trips that add up to more than 180 days, break your continuous presence.
• Time with TPS does not count toward the 10 years unless you show extreme hardship, but having TPS does not break your time either.
• Military service. People who served at least 24 months on active duty in the U.S. Armed Forces, with an honorable discharge, and were in the U.S. when they enlisted, do not need continuous presence.

Proof matters. You need papers for every year. See Papers that show how long you have lived here.

Who counts as a qualifying relative?

Only a spouse, parent or child who is a U.S. citizen or green card holder. For immigration law, a "child" means an unmarried person under 21. Siblings, grandparents and adult children over 21 do not count.

The hardship is measured to them, not to you. Your own hardship does not count toward this standard.

What does "exceptional and extremely unusual hardship" mean?

It is a very high bar. The hardship to your relative must be substantially different from, or beyond, what would normally be expected when a family member is deported. The Supreme Court described the standard this way in 2024, quoting an immigration appeals board decision.

Sadness, missing a parent, and money loss are expected in every deportation. On their own, they usually are not enough. Judges look at everything together. Facts that can matter include:

• A child's serious medical condition that needs ongoing care here, and proof the care is not available in your home country
• Mental health conditions, with records from doctors or therapists
• Special education needs or disabilities, with school records such as an IEP
• Whether the family would be split up or the child would have to leave the U.S.
• Financial dependence on you, especially for a relative who cannot work
• Conditions in your home country, like violence or lack of care
• Older parents who depend on you

There is hope here: in 2024, the Supreme Court ruled that a federal appeals court can review a judge's hardship decision. That gives people one more check if a judge gets it wrong.

What can disqualify me?

• Certain convictions. A conviction under the criminal grounds of inadmissibility or deportability can bar you. This can include crimes involving moral turpitude and drug offenses. Ask a lawyer about every arrest, even old ones.
• Missing court. If you were ordered removed in absentia after being warned in a language you understand, you can be barred from cancellation for 10 years.
• Not leaving after voluntary departure. Failing to leave on time after agreeing to voluntary departure can also bar you for 10 years.
• Getting it before. If you already received cancellation or the older "suspension of deportation," you cannot get it again.
• Some entry types. Certain crew members and some J visa exchange visitors are not eligible.

Good moral character can also be a problem because of some past conduct, even without a conviction. A lawyer will review your whole history with you.

Is there a special rule for survivors of abuse?

Yes. If a U.S. citizen or permanent resident spouse or parent abused you or your child, a separate kind of cancellation needs only 3 years of presence and extreme hardship, which is a lower bar. Being served a Notice to Appear does not stop that 3 year clock. See Can I get a green card if my spouse or parent abuses me?

What happens if I win?

If the judge grants your case, you become a lawful permanent resident, with a green card.

About the 4,000 limit: when grants run out in a federal fiscal year, judges must hold further grants until numbers open up in a later year. Your case stays pending until then, and other relief you asked for can still be decided. Waits can be long. EOIR does not publish a wait time for held grants, so ask your lawyer what they are seeing.

How much does it cost?

For filings on or after October 1, 2026, the court fee for Form EOIR-42B is $1,690 (91 FR 54211). That is $1,590 set by the 2025 federal law plus EOIR's own $100 fee. Biometrics fees are separate.

Can the fee be waived? You can ask. The court's July 2025 policy memo names only the asylum fees and the TPS fee as fees that cannot be waived, and keeps the usual fee waiver process. The EOIR-42B fee is not on that list. A judge decides each request, so ask your lawyer to file the waiver request with proof of your income and costs. Pay court fees only through EOIR's official payment system. See New immigration court and asylum fees in 2026.

How do I get ready?

1. Get a lawyer. These are among the hardest cases in immigration court.

2. Build your timeline. Entry date, every trip outside the U.S., every address, every arrest.

   Example (fictional). Rosa came in March 2014. She was served a Notice to Appear in May 2023 that listed a hearing date and time. Her clock stopped that day, at 9 years and 2 months, so she does not have 10 years for this relief, even though it is now 2026. If her notice had left out the date and time, it may not have stopped the clock at all, under a 2021 Supreme Court case (Niz-Chavez). A lawyer should check. A trip of 4 months in 2019 would also break her time, because one trip over 90 days does.

3. Prove 10 years. Leases, pay stubs, taxes, school and medical records, church letters. At least a few papers for each year.

4. Prove the relationship. Birth and marriage certificates, and proof of your relative's citizenship or green card.

5. Prove the hardship. Medical, school and therapy records; letters from doctors, teachers and counselors; country condition reports.

6. Prove good character. Taxes, work history, community and church letters, rehabilitation if you have a record.

7. Go to every hearing and keep your address updated with the court on Form EOIR-33 within five working days of a move.

Questions people ask

My child turns 21 soon. Does that matter? Yes. A child must be under 21 and unmarried to count. In the Ninth Circuit, which covers California, courts have said the child must still be under 21 on the day the judge decides your case, not just when you applied (Briceno-Martinez v. Barr, 2020, following Mendez-Garcia v. Lynch). If your only qualifying relative is a child near 21, talk to a lawyer right away about timing and other relatives who might count.

Can I work while my case is pending? Ask your lawyer. It depends on your case.

Is this the same as the "10 year law" people talk about? People sometimes call it that. There is no automatic green card after 10 years. Beware of anyone who says there is. See Warning signs of an immigration scam.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. Deportation defense for people with low income in San Mateo and Santa Clara counties.
• Immigration Institute of the Bay Area (Redwood City): (650) 587-1558, by appointment.
• Catholic Charities San Francisco (serves San Mateo County): (650) 285-6451.
• Catholic Charities of Santa Clara County: (408) 468-0100.
• Asian Law Alliance: (408) 287-9710.
• More: Free legal help in the Bay Area

Your years here and your family matter. This is the case that puts them in front of a judge. Prepare well, and do not give up.

Is there a checklist I can print?