Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents, is filed in immigration court by a lawful permanent resident who has been placed in removal proceedings. If the immigration judge grants the application, the LPR's removal is cancelled and the green-card status is preserved. The relief is discretionary and requires meeting strict statutory requirements under INA §240A(a).
Statutory requirements under INA §240A(a)
- Lawful permanent resident for at least 5 years.
- 7 years of continuous residence in the United States after lawful admission in any status (stop-time rule applies — service of NTA or a triggering criminal offense stops the clock).
- Not been convicted of an aggravated felony as defined in INA §101(a)(43).
- The immigration judge exercises favorable discretion considering family ties, hardship, equities, criminal history, and other §240(c)(4) factors.
What we prepare
- Form EOIR-42A with biographic, family, immigration, and criminal-history data accurately completed.
- Form EOIR-28 notice of representation if a licensed attorney is appearing.
- Form EOIR-26A fee waiver where applicable; the $100 application fee plus $30 biometrics fee otherwise.
- Evidence packet — entry document, all I-94s, green card, tax returns and W-2/1099s for the past 10+ years (continuous residence), employment letters, lease and utility records, marriage and birth certificates, school records of US-citizen children, medical records (hardship), criminal records (certified court dispositions for every criminal incident).
- Declarations — applicant's declaration of equities, family-member declarations, employer declarations, community-tie declarations.
- Country-conditions evidence where hardship in the country of return is relevant.
- Witness list and exhibit index per EOIR Practice Manual chapter 4.
What we do not do
Imverica does not represent clients in immigration court. Cancellation of removal involves legal argument, cross-examination of witnesses, and exercise of judicial discretion — that is the practice of law and requires a licensed attorney or BIA-accredited representative. As a California Legal Document Assistant and Immigration Consultant, we accurately prepare the EOIR-42A and the evidence packet under your attorney's direction, organize court-ready indices and tabs per the EOIR Practice Manual, and translate foreign- language documents to support the filing. We refer cases without counsel to our network of California immigration attorneys.
Statutory authority: INA §240A(a), 8 U.S.C. §1229b(a) (cancellation of removal for permanent residents); INA §101(a)(43) (aggravated-felony definition); INA §240A(d) (stop-time rule); EOIR Practice Manual (most recent edition). Court representation requires a licensed attorney or BIA-accredited representative.