EOIR-42B Visa Availability: Annual Limits, Eligibility, and What Applicants Should Know

Meta description: Learn what “EOIR-42B visa availability” means, how the annual cancellation-of-removal cap works, who may qualify, and what to expect in immigration court.

People searching for EOIR-42B visa availability are often trying to find out whether a visa number is open or how long a case may take. EOIR-42B is not a visa application, however. It is the application for cancellation of removal for certain nonpermanent residents who are in removal proceedings. The law limits how many grants may be made each year, which can affect timing. Understanding the difference between visa availability, eligibility, and the annual cap can help applicants make sense of the process.

What EOIR-42B Means

Form EOIR-42B, formally titled Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents, is filed with the Executive Office for Immigration Review (EOIR). EOIR is the Department of Justice agency that oversees immigration courts and the Board of Immigration Appeals.

Despite the form’s full title, an EOIR-42B case is not a request for an immigrant visa through the State Department. It is a defense against removal that may be requested in immigration court by a person who meets the legal requirements. If the immigration judge grants cancellation, the person may receive lawful permanent resident status. That result is often described as getting a green card, but it does not happen through a visa number in the Visa Bulletin.

This distinction matters because the term “visa availability” is usually associated with immigrant visa categories that have annual numerical limits and priority dates. The EOIR-42B process instead involves eligibility under immigration law, a discretionary decision by an immigration judge, and a separate annual limit on grants.

Is There a Visa Bulletin or Priority Date for EOIR-42B?

No. EOIR-42B applicants do not use a priority date or wait for a category to become current in the Department of State’s Visa Bulletin. The Visa Bulletin covers certain family-based, employment-based, and other immigrant visa categories. EOIR-42B cancellation is a form of relief decided in removal proceedings, not a petition-based visa category.

Accordingly, an applicant generally cannot determine EOIR-42B availability by checking a monthly visa chart. Case timing is influenced by immigration court scheduling, the applicant’s eligibility and evidence, government and court procedures, and the statutory limit on grants.

Searches for “EOIR-42B visa availability” may also refer to whether the annual cap has been reached. That is a different question from whether a particular applicant qualifies. A person may meet the statutory requirements but still face delays related to the cap or the court’s handling of the case.

How the EOIR-42B Annual Cap Works

Federal law limits the number of grants of cancellation of removal under the nonpermanent-resident provision to 4,000 in any fiscal year. The fiscal year runs from October 1 through September 30. This limit is set out in section 240A(e) of the Immigration and Nationality Act, codified at 8 U.S.C. § 1229b(e).

The 4,000 limit is not a pool of visa numbers that applicants can reserve by filing an EOIR-42B form. Nor does filing early guarantee a grant before the limit is reached. The statutory limit concerns grants of relief, while applications are considered through immigration court proceedings.

When the cap affects a case, the practical consequences may depend on the timing and procedural posture of that case, as well as current EOIR procedures and applicable decisions. Applicants should not assume that a case will be automatically approved, denied, or placed into a particular kind of waiting status just because the annual limit may have been reached. The immigration court or a qualified attorney can explain how current rules apply to an individual case.

Who May Qualify for Cancellation of Removal Under EOIR-42B?

To qualify under the general statutory requirements, a person must establish all of the following:

• At least 10 years of continuous physical presence in the United States immediately before the application is decided, subject to statutory rules that can stop the period from accruing.
• Good moral character during the required period.
• No conviction for an offense that makes the person ineligible under the law.
• That removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child.
• That the person merits a favorable exercise of discretion.

These requirements are detailed in INA § 240A(b)(1), or 8 U.S.C. § 1229b(b)(1). Meeting the first four does not make a grant automatic: cancellation is discretionary, and an immigration judge weighs the entire record.

Ten Years of Continuous Physical Presence

The applicant generally needs to show that they were physically present in the United States for at least 10 years before the application is decided. The “stop-time” rule can end the accumulation of continuous physical presence when certain events occur, including service of a qualifying notice to appear. Certain criminal conduct can also affect eligibility. Because the legal calculation can depend on the wording and service of documents and on the person’s history, dates should be reviewed carefully.

Good Moral Character and Criminal Bars

Good moral character is a legal standard, not simply a statement that an applicant has behaved well. Immigration law lists conduct and convictions that may prevent a finding of good moral character. Separately, some convictions make a person ineligible for non-LPR cancellation. The effect of an arrest, plea, or conviction depends on the specific offense and case record; a criminal record should be evaluated by an immigration lawyer familiar with the relevant criminal and immigration law.

Exceptional and Extremely Unusual Hardship

The hardship must be to a qualifying relative: a U.S. citizen or lawful permanent resident spouse, parent, or child. Hardship to the applicant is not enough by itself, and hardship to relatives who are not in the qualifying group generally does not satisfy this statutory element. The standard is demanding and requires more than the ordinary difficulties expected when a family is separated or relocates.

Judges may consider the combined effect of relevant circumstances, such as a qualifying relative’s health, educational needs, age, family circumstances, and conditions in the country of removal. Medical records, school documents, expert reports, financial evidence, and testimony may help explain the likely impact. Evidence must be specific and credible; general claims may carry less weight.

How the EOIR-42B Process Works

1. Removal proceedings begin. The Department of Homeland Security initiates proceedings by filing a charging document with the immigration court. The person appears before an immigration judge and may have a lawyer at their own expense.
2. The applicant requests relief. If eligible, the person submits Form EOIR-42B and supporting materials under the court’s filing rules. The court may require fingerprints and background checks, along with other documentation.
3. The parties prepare the case. The applicant gathers records addressing presence, character, family relationships, hardship, and discretion. The government may review the application and challenge eligibility or evidence.
4. The judge holds a hearing. The applicant may testify, present witnesses, and submit exhibits. The government may question witnesses and present its position.
5. The judge issues a decision. If the application is granted, the person may be granted lawful permanent resident status, subject to the terms of the order and applicable procedures. If denied, the applicant may have appeal options, but strict deadlines apply.

Forms, filing instructions, fees, and court procedures can change. Applicants should check EOIR’s official materials and follow the specific immigration court’s instructions rather than relying on an outdated checklist or advice written for another case.

What Can Affect EOIR-42B Timing?

There is no single nationwide processing time that reliably predicts when every EOIR-42B case will be decided. Immigration court backlogs vary by location and change over time. Hearing availability, continuances, interpreter needs, evidence disputes, background checks, and the complexity of the case can all affect the schedule.

The annual 4,000-grant limit is another factor, but it is not the same as a published queue with a predictable wait time. Applicants should ask their attorney or representative how the cap is being applied to their procedural situation and whether any current court or agency guidance is relevant.

It is also important to distinguish case status from eligibility. A long wait does not prove that the case will be granted, and reaching a hearing does not guarantee that a judge will find the hardship standard met. Each element must be established with evidence.

Preparing a Strong EOIR-42B Application

Preparation often requires assembling records covering many years. The documents should support the legal requirements and tell a consistent, well-organized account of the applicant’s life and family circumstances.

• Presence: tax returns, employment and school records, leases, medical records, bills, bank statements, and affidavits from people with direct knowledge.
• Family relationship: birth, marriage, adoption, or other civil records showing the relationship to qualifying relatives.
• Hardship: medical and psychological records, education plans, country-condition information, care arrangements, and evidence explaining the likely effects of separation or relocation.
• Character and discretion: tax and community records, employment history, caregiving responsibilities, rehabilitation evidence where relevant, and accurate disclosure of arrests or convictions.

Documents in another language generally need a complete English translation with the required certification. Applicants should keep copies of everything filed and follow deadlines for serving documents on the government and submitting evidence to the court. Inaccurate statements or missing information can harm credibility and may create additional legal problems.

EOIR-42B Compared With Other Immigration Options

EOIR-42B is different from family-based adjustment of status, employment-based immigration, asylum, and non-LPR cancellation under the other statutory provision commonly known as 42A. Those pathways have different requirements, procedures, and, in some instances, visa-number rules.

Some people in removal proceedings may have another form of relief available, while others may not qualify for EOIR-42B because of the 10-year, character, criminal, or hardship requirements. The right approach depends on the person’s full immigration and criminal history. Filing a form without confirming eligibility can have serious consequences, including disclosure of information to the government.

Checking Official Information and Getting Help

For primary legal references, applicants can review 8 U.S.C. § 1229b, which contains the cancellation-of-removal requirements and annual limit, and EOIR’s official website for court information and forms. The Department of State’s Visa Bulletin is not a source for EOIR-42B priority dates because this relief has no such category.

Immigration proceedings can have lasting consequences, and the law is fact-specific. A licensed immigration attorney or a Department of Justice-accredited representative can assess eligibility, explain the cap’s possible effect, and help prepare evidence. Notarios and immigration consultants who are not authorized to provide legal advice should not be relied on for legal strategy.