Steps to Cancellation of Removal


Documents demonstrating continuous physical presence in the United States for the required period. These documents could be;

  • Bank statements,
  • lease agreements,
  • deeds to real estate,
  • licenses,
  • birth records,
  • church records,
  • marriage certificates,
  • divorce certificates,
  • school records,
  • tax returns,
  • affidavit from employer regarding length of employment and earnings.

Documenting Good Moral Character

  • Police records from each jurisdiction where you have resided,
  • Affidavits from friends/family and employers who can attest to your good moral character.

Documentation that U.S. Citizens Will Face Hardship with Your Departure

  • Birth records,
  • marriage certificates,
  • proof of divorce, and
  • death certificates

Additional Documentation for Cancellation of Removal

  • All documents issued to you from the Department of Homeland Security,
  • tax returns,
  • criminal history–including all conviction records,
  • payment of child support during presence in the United States.

Biometric Documentation for Cancellation of Removal

  •  If you are over the age of 14 then you must provide your biometric and biographic information.
    • You will be notified in writing of the Application Support Center (ASC) where you must go to provide the biometric and biographic information.
    • Retain your USCIS ASC biometrics confirmation document or a copy of your Fingerprint Card, FD-258, if applicable, as proof that your biometrics were taken, and bring to all future Immigration Court hearings.

Photographs and Fees for Cancellation of Removal

  • You must submit two glossy, unretouched, color photographs of yourself taken within 30 days of the date of this application.
  • Before you file your Form EOIR-42B with the Immigration Court, you must pay the required $100 filing fee and the biometrics fee to the DHS. Proof of payment of these fees in the form of a copy of the DHS, U.S. Citizenship and Immigration Services (USCIS) ASC notice of fee receipt and biometrics appointment instructions must accompany your Form EOIR-42B.
    • These fees will not be refunded, regardless of the outcome of your application for cancellation of removal.

Filing and Serving Your Application for Cancellation of Removal

  • Comply with the DHS instructions for providing biometric and biographic information to USCIS and the DHS instructions.
  • You must then serve the following documents on the Assistant Chief Counsel for DHS, U.S. Immigration and Customs Enforcement (ICE):
    • Copy of your Form EOIR-42B, Application for Cancellation of Removal, with all supporting documents and additional sheets;
    • copy of the USCIS ASC notice of fee receipt and biometrics appointment instructions;
    • the original Biographical Information Form G-325A; and
    • the photograph of you which we discussed above.
    • the original Form EOIR-42B with all supporting documents and additional sheets;
    • a copy of the USCIS ASC notice of fee receipt and biometrics appointment instructions;
    • a copy of Biographical Information form G-325A;
    • a photograph of you which meets the requirements as discussed above;
    • a completed certificate showing service of these documents (See Part 10 of the Application on page 8) on the ICE Chief Counsel, unless service is made on the record at the hearing.