Cancellation of removal for non-permanent residents is a request an immigration judge can grant to a person in removal proceedings who has lived in the United States for at least 10 years. If granted, the judge cancels the removal and the person’s status is adjusted to that of a lawful permanent resident. This page sets out the requirements from the text of the statute, 8 U.S.C. 1229b(b) (US Code, 2024 edition on govinfo, read October 21, 2026), and the EOIR regulations, 8 CFR 1240.20 and 1240.21. It does not explain how judges weigh hardship in practice: that comes from case law this page does not cover. It is general information, not legal advice.
Guatemalans in the ABC class, and certain early asylum applicants, may instead qualify for a different route: NACARA special rule cancellation. That is covered on our NACARA 203 page; this page covers the general 10-year rule.
Quick summary: Under 8 U.S.C. 1229b(b)(1) you must show (A) 10 years of continuous physical presence immediately before applying, (B) good moral character during those years, (C) no conviction under 8 U.S.C. 1182(a)(2), 1227(a)(2) or 1227(a)(3), and (D) “exceptional and extremely unusual hardship” to a US-citizen or permanent-resident spouse, parent or child. The 10 years stop when a Notice to Appear is served (or on certain offenses). An absence of more than 90 days at once, or 180 days in total, breaks presence. Grants are capped at 4,000 per fiscal year; people described in IIRIRA 309(c)(5)(C)(i) as amended by NACARA are outside the cap. Only the immigration court (or the BIA on appeal) decides, not USCIS, on Form EOIR-42B: $1,690 plus $30 biometrics per EOIR’s forms list (updated Oct 1, 2026). Read October 21, 2026.
The four requirements, in the statute’s words
8 U.S.C. 1229b(b)(1) says the Attorney General may cancel removal of, and adjust to permanent resident status, a person who is inadmissible or deportable if the person:
| Requirement (8 U.S.C. 1229b(b)(1)) | What it turns on | |
|---|---|---|
| (A) | “has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application” | The date of the application, the stop-time rule and absences (below) |
| (B) | “has been a person of good moral character during such period” | The same 10-year period |
| (C) | “has not been convicted of an offense under section 1182(a)(2), 1227(a)(2), or 1227(a)(3) of this title, subject to paragraph (5)” | Criminal and other grounds listed in those sections |
| (D) | “establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence” | A qualifying relative with US citizenship or a green card |
Two points follow from the text of (D). First, the hardship that counts is the hardship to the relative, not to the applicant. Second, the relative must be a spouse, parent or child who is a US citizen or permanent resident; brothers, sisters and grandchildren are not on the list.
Who is a child. For the subchapters of the immigration law that include section 1229b, 8 U.S.C. 1101(b)(1) defines a child as “an unmarried person under twenty-one years of age” who fits one of the categories that follow. Section 1229b itself does not set the date on which the child’s age is counted. Ask your representative how the child’s age is treated in your case.
How the 10 years are counted
The clock stops. Under 8 U.S.C. 1229b(d)(1), any period of continuous physical presence is deemed to end, whichever comes first:
- when the person is served a Notice to Appear under 8 U.S.C. 1229(a) (this part does not apply to the battered spouse or child rule in subsection (b)(2)); or
- when the person has committed an offense referred to in 8 U.S.C. 1182(a)(2) that makes them inadmissible under that section or removable under 1227(a)(2) or 1227(a)(4).
So the 10 years must be complete before the Notice to Appear is served, not by the date of the hearing.
Absences. 8 U.S.C. 1229b(d)(2) says a person “shall be considered to have failed to maintain continuous physical presence” if they “departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days”. For a Guatemalan who has travelled home, that means every trip counts: one trip over 90 days, or trips adding up to more than 180 days, breaks the period.
Military service. 8 U.S.C. 1229b(d)(3) says the continuous-presence requirement does not apply to a person who served at least 24 months on active duty in the US Armed Forces, was separated (if separated) under honorable conditions, and was in the United States when they enlisted or were inducted.
| Event | Effect under 8 U.S.C. 1229b(d) |
|---|---|
| Notice to Appear served | Presence is deemed to end on that date |
| Certain offenses under 1182(a)(2) | Presence is deemed to end when the offense was committed, if earlier |
| One absence of more than 90 days | Continuous presence is broken |
| Absences adding up to more than 180 days | Continuous presence is broken |
| 24 months of honorable active-duty service, enlisted while in the US | Continuous-presence requirement does not apply |
Who cannot get it
8 U.S.C. 1229b(c) lists people to whom subsection (b)(1) does not apply, among them:
- people who entered as a crewman after June 30, 1964;
- certain J-1 exchange visitors, including those admitted for graduate medical training, and those subject to the two-year home residence requirement who have not fulfilled or waived it;
- people inadmissible under 8 U.S.C. 1182(a)(3) or deportable under 1227(a)(4) (security and related grounds);
- people described in 8 U.S.C. 1231(b)(3)(B)(i);
- anyone whose removal was previously cancelled under this section, or whose deportation was suspended, or who received relief under former section 1182(c).
The last item means cancellation of removal can be granted only once.
The 4,000-a-year cap
8 U.S.C. 1229b(e)(1) says the Attorney General may not cancel removal and adjust status, together with old suspension-of-deportation cases, “of a total of more than 4,000 aliens in any fiscal year”. The EOIR regulation, 8 CFR 1240.21, explains what happens in practice:
- The immigration courts and the Board of Immigration Appeals may grant applications that meet the requirements “until the annual numerical limitation has been reached in that fiscal year”, with grants counted by the date the order becomes final.
- “When grants are no longer available in a fiscal year, further decisions to grant such relief must be reserved until such time as a grant becomes available under the annual limitation in a subsequent fiscal year.”
- Other forms of relief are decided at the same time, whether or not the cap has been reached. If the person is granted asylum or adjustment of status (including under section 202 of NACARA) while the cancellation application is pending, the cancellation application is denied as a matter of discretion.
The NACARA exception. 8 U.S.C. 1229b(e)(3)(A) says the cap does not apply to people described in section 309(c)(5)(C)(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended by NACARA, and 8 CFR 1240.21 repeats that exclusion. Whether that includes you is covered on our NACARA 203 page.
Which route to look at
| 10-year cancellation, 8 U.S.C. 1229b(b)(1) | NACARA special rule cancellation | |
|---|---|---|
| Who | Anyone in removal proceedings who meets (A) to (D) and is not barred by 1229b(c) | Specific Guatemalan and other groups defined by NACARA |
| Annual cap | 4,000 per fiscal year (1229b(e)(1)) | Outside the cap for people described in IIRIRA 309(c)(5)(C)(i) as amended by NACARA (1229b(e)(3)(A)) |
| Where it is decided | Immigration court only (8 CFR 1240.20(b)) | See the NACARA page |
| Form | EOIR-42B | Form I-881 (see the NACARA page) |
How to apply: Form EOIR-42B
- Only in court. 8 CFR 1240.20(b) says the application “may be filed only with the Immigration Court after jurisdiction has vested”. Under 1240.20(a) it goes to the immigration court that controls the record of the removal case.
- The form. EOIR’s form for this is EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents (revised February 2025). EOIR’s forms list says it can be filed through the ECAS Case Portal by registered users.
- The fee. EOIR’s list of downloadable forms (updated October 1, 2026, read October 21, 2026) shows $1,690.00 for EOIR-42B, plus $30.00 per person for biometrics. The form’s instructions (revised February 2025) still say to pay a $100 filing fee and the biometrics fee to DHS and describe asking the judge for a fee waiver, and 8 CFR 1240.20(a) still mentions a fee-waiver request. The EOIR forms list is the more recent of these documents; confirm the amount and whether a waiver is available with the court or your representative before paying.
- How to pay. EOIR’s fees page says that as of February 23, 2026, EOIR no longer accepts checks or money orders and all EOIR immigration fees must be paid through the EOIR Payment Portal. The FY2027 court fees for appeals and motions are in one table on our page on immigration court fees (EOIR).
- Biometrics. The form instructions say each applicant 14 years of age or older must also comply with the biometrics requirement, and that failing to do so may lead to the application being deemed abandoned and dismissed.
Get qualified help
Each of the four requirements involves judgment that this page cannot make for you, and the hardship standard in (D) is set by case law that is not summarized here. Talk to a licensed immigration attorney or an accredited representative of an organization recognized by the Justice Department’s Executive Office for Immigration Review (EOIR) before filing; our notario fraud guide explains how to check both. To see your hearing dates, use EOIR’s case lookup. The Guatemalan consulate for your area is on the consulate finder.
Related pages
- NACARA 203 for Guatemalans: the special rule for the ABC class and early asylum applicants.
- Checking an immigration court case (EOIR).
- ICE check-in appointments.
- Family plan if a parent is detained.
Sources
- 8 U.S.C. 1229b, Cancellation of removal; adjustment of status (US Code, 2024 edition, govinfo): https://www.govinfo.gov/link/uscode/8/1229b
- 8 U.S.C. 1229b (Cornell LII copy of the US Code, unofficial): https://www.law.cornell.edu/uscode/text/8/1229b
- 8 U.S.C. 1101(b)(1), definition of child (US Code, 2024 edition, govinfo): https://www.govinfo.gov/link/uscode/8/1101
- 8 CFR 1240.20 and 1240.21 (eCFR, up to date as of 10/19/2026): https://www.ecfr.gov/current/title-8/section-1240.20 and https://www.ecfr.gov/current/title-8/section-1240.21
- EOIR, List of downloadable EOIR forms (updated October 1, 2026): https://www.justice.gov/eoir/list-downloadable-eoir-forms
- EOIR, Types of Appeals, Motions, and Required Fees (updated October 5, 2026): https://www.justice.gov/eoir/types-appeals-motions-and-required-fees
- Form EOIR-42B and instructions (revised February 2025): https://www.justice.gov/media/1191856/dl?inline
All sources read October 21, 2026. General information, not legal advice.
Frequently Asked Questions
What are the requirements for cancellation of removal after 10 years?
8 U.S.C. 1229b(b)(1) lists four. The person must have been physically present in the United States for a continuous period of not less than 10 years immediately before the application; have been a person of good moral character during that period; not have been convicted of an offense under 8 U.S.C. 1182(a)(2), 1227(a)(2) or 1227(a)(3); and establish that removal would result in exceptional and extremely unusual hardship to a spouse, parent or child who is a US citizen or lawful permanent resident.
Can I apply for cancellation of removal on my own, without a court case?
No. 8 CFR 1240.20(b) says the application may be filed only with the Immigration Court after jurisdiction has vested. It is a request made to an immigration judge in removal proceedings, on Form EOIR-42B for non-permanent residents.
When do the 10 years stop counting?
Under 8 U.S.C. 1229b(d)(1), continuous physical presence is deemed to end when the person is served a notice to appear, or when the person has committed certain offenses that make them inadmissible or removable, whichever is earliest. The battered spouse or child rule in subsection (b)(2) is treated differently.
Do trips to Guatemala break the 10 years?
8 U.S.C. 1229b(d)(2) says a person has failed to maintain continuous physical presence if they departed the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days.
Is there a limit on how many people can get cancellation of removal each year?
Yes. 8 U.S.C. 1229b(e)(1) caps grants at a total of 4,000 per fiscal year (shared with old suspension-of-deportation cases). 8 CFR 1240.21 says that when grants run out in a fiscal year, further decisions to grant must be reserved until a grant becomes available in a later fiscal year. The cap does not apply to people described in section 309(c)(5)(C)(i) of IIRIRA as amended by NACARA.
How much does Form EOIR-42B cost?
EOIR’s list of downloadable forms (updated October 1, 2026) shows a $1,690.00 fee for EOIR-42B plus $30.00 per person for biometrics. The form’s own instructions, revised February 2025, still print a $100 filing fee and describe a fee waiver request. Confirm the current fee with the immigration court or your representative before paying.
