Who can apply, and on what form?
Cancellation is a defense in removal proceedings, so you ask the judge; there is no filing with USCIS to start one. Green card holders use Form EOIR-42A. Other people use Form EOIR-42B. Since October 1, 2026, the total is $730 for the first and $1,690 for the second, not counting biometrics. Pay through the EOIR Payment Portal, because the court will not accept the application without proof of payment. A judge may waive the fee if you show you cannot pay. Do not walk into immigration offices to ask for this relief, and never start a case on purpose to become eligible without advice. Some people are excluded altogether, including anyone who already received cancellation. Raise the claim at the master calendar hearing, where the judge sets a filing date.
I have a green card. What do I need?
Three things: at least 5 years as a permanent resident, 7 years of continuous residence after admission in any status, and no aggravated felony conviction. Meeting them only opens the door. The grant is discretionary, and the current Board is strict. In 2026 it reversed or upheld denials where a criminal record outweighed long equities, including recent drug convictions and an arrest for domestic violence, and it said lack of candor about criminal history is a significant adverse factor. Charges without conviction also count against you. Bring objective proof of rehabilitation, such as treatment records, and be fully truthful about your past. Do not minimize. Tax records, family ties and work history help, but they will not carry a serious recent record alone. See INA § 237 for how the charge itself may be fought.
How are the 10 years counted, and what stops the clock?
You need 10 years of continuous physical presence before you apply, or 7 years of residence for green card holders. Two events stop the clock. The first is service of a proper Notice to Appear: under Niz-Chavez v. Garland it must be a single document with the required information, and Pereira v. Sessions says one without a time and place does not stop the clock. The second is committing an offense that makes you inadmissible or removable, and Barton v. Barr held the offense need not be the charge in your case. A trip of more than 90 days, or trips over 180 days in total, also breaks presence. So build a year-by-year timeline with leases, tax returns and school records, and list each trip. Check the date on your Notice to Appear before relying on any count.
What counts as exceptional and extremely unusual hardship?
This is usually the hardest part. The harm must fall on a U.S. citizen or permanent resident spouse, parent or child, not on you, and it must go substantially beyond what families ordinarily suffer. The current Board reads this narrowly. Economic loss and separation were not enough in Matter of Buri Mora, even with autism and delays that were being managed. Matter of Lopez-Davila says leaving a child behind in foster care is not enough on its own. Matter of Pelagio Mendoza says testimony alone generally fails when medical records or expert reports could have been produced. Matter of Arevalo-Vargas shows a child who turns 21 stops counting, even during an appeal. So get diagnoses, treatment records, school plans and proof that care is not available abroad. Federal courts may review this finding under Wilkinson v. Garland.
What can disqualify me, and is there a rule for abuse survivors?
Without a green card, you cannot have a conviction under the crime grounds of §§ 212(a)(2), 237(a)(2) or 237(a)(3). You also need good moral character for the 10 years, measured back from the final decision. The bar is wider than it looks: in Matter of L-L-R-, decided in July 2026, a father who paid a smuggler to bring his 14-year-old son lost eligibility. If you ever helped a relative enter, tell your lawyer before you file. A separate rule helps people battered or subjected to extreme cruelty by a citizen or resident spouse or parent. It requires 3 years of presence and extreme hardship to you, your child or your parent, and the Notice to Appear does not stop that clock. Read our VAWA page if this applies, and do not assume the 10-year rule is your only option.
What happens at the end, and what if the cap is reached?
Federal law allows no more than 4,000 of these grants a year for people without green cards. When the number runs out, the regulation says further grants must be reserved until a number is available in a later fiscal year, so a judge's favorable ruling may not bring a green card at once. Permanent residents are not subject to this cap. If you lose, the Board must receive your Form EOIR-26 within 30 days of the oral decision or the notice of a written one, with the fee or a Form EOIR-26A waiver request. Mailing it on day 30 is too late. Regulations still print 10 days, but a court vacated that in Amica Center v. EOIR, as EOIR Policy Memo 26-02 confirms. Missing a hearing can bar this relief for 10 years, so attend every date. Ace Immigration's removal defense practice can test your dates and evidence; bring your Notice to Appear and family records.