Cancellation of Removal (42B): The REAL Requirements
Description
In this episode, we break down one of the most misunderstood immigration court reliefs: Cancellation of Removal, also known as 42B or “the 10-year rule.” Many people believe simply living in the U.S. for 10 years is enough — but the reality is far more complicated.
We explain the four mandatory requirements for 42B:
• 10 years of continuous physical presence prior to the Notice to Appear
• Good moral character and no disqualifying criminal history
• No aggravated felonies or prior deportation orders
• The highest legal standard in immigration court: exceptional and extremely unusual hardship to a qualifying relative
We also answer listener questions, including why living in the U.S. for 15 years is not enough, why 42B can only be filed in immigration court (not USCIS), how judges evaluate disabilities, and how one of our clients won her case with two U.S. citizen children with Down syndrome.
Understanding this relief is critical — most applicants fail because they misunderstand continuous presence, hardship standards, or qualifying relatives.
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Disclaimer: This podcast provides general information and does not constitute legal advice. Immigration law is complex and subject to change. Please consult with a qualified immigration attorney for advice on your specific situation, or contact us and let us review your case.
- This podcast's content is subject to updates due to evolving U.S. immigration laws and regulations. Certain sections might have been modified or updated by the time you listen. For the most recent information on immigration laws and the SIJS program, please get in touch with us with your questions.























