Form 42B, also known as the Application for Cancellation of Removal and Adjustment of Status for Certain Non-permanent Residents, is the legal route for certain non-permanent immigrants facing deportation proceedings to apply for cancellation of removal, obtaining permanent residence (green card) in some cases.
- This form is intended exclusively for non-permanent residents who are in the process of deportation.
- It cannot be submitted proactively from outside the immigration court system.
42B requirements for deportation cancellation
- Continuous physical presence in the US for at least 10 years prior to receiving the Notice to Appear (NTA).
- Good moral character during that same period, without certain crimes or conduct that would disqualify you.
- No convictions or serious violations that would prevent you from applying for relief.
- Demonstrate that deportation would cause exceptional and extremely unusual hardship to a qualifying family member (citizen or lawful permanent resident: spouse, parent, or child)
42B and exceptional difficulties: how to prove it
One of the key points of Form 42B is proving “exceptional and unusual hardship.” Examples of evidence include:
- Medical reports for family members.
- Documentation regarding special educational needs.
- Proof of community or economic ties.
- Risk of violence or persecution in the country of origin.
Common mistakes when submitting the form
- Failure to attach sufficient evidence of continuous presence.
- Failure to clearly demonstrate extreme hardship.
- Omission of legal background or financial information.
- Submission after the deadline or without notifying ICE and the court.
Recent news about 42B
In August 2025, specialized law firms confirmed that Form 42B continues to be one of the most commonly used resources in immigration courts. However, judges maintain strict criteria when evaluating whether there is truly an “exceptional and unusual” hardship, making legal counsel essential.
Form 42B is key to your immigration defense.
Form 42B is one of the most important tools for those facing a deportation order. Although the path is not easy and the final decision rests with the judge, a solid legal strategy increases the chances of success.
At Carla Parola Counseling, we work alongside immigration attorneys to provide psychological evaluations that strengthen your case and help demonstrate the exceptional hardship required by law.
📩 Contact us today for personalized guidance
and take the next step toward peace of mind for you and your loved ones.
