How Long Does A Cancellation Of Removal Take?: Fast Guide
- Sonya Peterkin, Esq.
- 9 hours ago
- 6 min read
Most cases take 2 to 5 years, sometimes longer due to court backlogs.
If you are asking How long does a cancellation of removal take?, you are already under stress. I get it. I have guided many families through this path. In this guide, I break down each step in plain language. I show what delays to expect, and what you can do now. Read on to learn what drives your timeline, and how to plan with confidence.
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What determines the timeline for cancellation of removal
How long does a cancellation of removal take? It depends on five big things. Your court’s backlog, your case type, your evidence, your lawyer’s strategy, and appeals.
Here is what matters most:
Your court’s backlog. Some courts set trials in 12 to 18 months. Busy courts may set dates 3 to 5 years out. Border courts can move fast, but big city courts often do not.
Your case type. There are two forms. LPR cancellation (EOIR‑42A) and Non‑LPR cancellation (EOIR‑42B). Non‑LPR cases often need more proof and longer hearings.
Evidence and preparation. Clean, complete packets can save months. Missing items can push you to the end of the line.
Government priorities. Prosecutorial discretion, administrative closure, or dismissal can change your path and the time.
Appeals. A Board of Immigration Appeals (BIA) case can add 6 to 18 months. A federal court review can add 1 to 2 years.
From my experience, court location is the top driver. I have seen Los Angeles and New York cases take 4 years or more. I have seen smaller courts finish in under 2 years. Recent EOIR data shows historic backlogs. That is why How long does a cancellation of removal take? is now a long answer, not a date on a calendar.
Average timelines by stage
People want numbers. So let us map the path. How long does a cancellation of removal take? Here is a typical range today.
Notice to Appear to first Master Calendar Hearing: 3 to 12 months. Some get faster dates. Others wait over a year if the court is full.
Filing EOIR‑42A or EOIR‑42B, fees, and biometrics: 1 to 4 months. Pay fees and do fingerprints fast to avoid rescheduling.
Master Calendar stage to Individual Hearing date: 1 to 4 years. Courts slot trials far out. If a witness or judge is not free, the date slips again.
Individual Hearing to oral or written decision: same day to 6 months. Many judges rule from the bench. Some issue written decisions later.
If granted and you are a Non‑LPR: card production 2 to 8 months after the order and fee. Timelines vary by USCIS workload.
If denied and you appeal to the BIA: 6 to 18 months. Add 3 to 6 months for briefing and transcripts.
If you go to a federal circuit court: 12 to 24 months, sometimes longer.
These are ranges, not promises. Court status changes. Judges rotate. Government policy shifts. Ask your lawyer to check your court’s normal wait. That gives you the best local answer to How long does a cancellation of removal take?
Realistic examples from the field
Stories help. Here are sample paths I have seen.
Non‑LPR in a busy metro court. First hearing in 8 months. Trial set 3 years later. Judge issues decision at the end of the hearing. Green card arrives 5 months after paying the fee. Total time: about 4 years. How long does a cancellation of removal take in this setting? Around 3.5 to 4.5 years.
LPR with simple record in a mid‑size court. Two master hearings over 10 months. Trial after 14 more months. Oral grant. No appeal. Total time: about 2 years. How long does a cancellation of removal take here? About 24 months.
Non‑LPR with appeal. Trial at 2.5 years. Denied. BIA appeal for 11 months. Remand and new hearing set 9 months later. New grant. Card arrives 4 months later. Total time: about 4.5 years. This shows how appeals extend the answer to How long does a cancellation of removal take?
Every case is a fingerprint. But these examples set a real frame.
How to reduce delays and keep your case moving
You cannot fix court backlog. But you can control your file. Here is how to cut risk and sometimes time.
File a complete, paginated packet. Include forms, fees, biometrics proof, and all exhibits. Judges respect clean files.
Front‑load evidence. For Non‑LPR cases, show hardship early. School letters. Medical records. Expert support if needed. The sooner, the better.
Ask for one long trial slot, not two short ones. Splits can cause big gaps.
Consider a motion to advance. Use this if you have urgent facts. For example, a sick child or a deployed spouse. Attach proof.
Keep addresses updated with EOIR. Missed notices cause missed hearings and long resets.
Prepare witnesses well. Unprepared witnesses lead to continuances.
Explore prosecutorial discretion. Sometimes dismissal or termination is faster and safer than a long trial. It depends on your relief options.
Track fingerprints and background checks. Ask DHS counsel to re‑run if they expire before trial.
I have had judges praise organized exhibits. One judge told me, “You saved us a reset.” That is how you shave months. Steps like these can shift How long does a cancellation of removal take? in your favor.
How to check your status and prepare for hearings
Staying informed reduces stress. It also prevents delays.
Use the EOIR online portal to check hearing dates. Check weekly if your case is urgent. Dates can move.
Confirm your A‑Number on every filing. Small errors create big setbacks.
Keep a case calendar. Add biometrics, fee deadlines, and judge orders.
Practice direct and cross examination with your lawyer. Clear, short answers help judges finish in one sitting.
Bring originals and one spare copy of key documents. Courts lose things. Be ready.
Arrange childcare and time off. If someone cannot attend, tell the court early.
How long does a cancellation of removal take? It feels shorter when you know each step and stay ready.
After a grant or denial: what timeframes to expect
If you win:
Non‑LPR cancellation. You become a permanent resident as of the judge’s order. Expect card production in about 2 to 8 months after you pay the USCIS fee. Some courts send instructions the same day. Others take a few weeks.
LPR cancellation. Your status is preserved. If DHS appeals, the order may be on hold. Ask your lawyer if travel is safe.
If you lose:
You usually have 30 days to appeal to the BIA. The BIA process often takes 6 to 18 months.
Some issues can go to a federal circuit court after the BIA. That can add 12 to 24 months.
If you do not appeal, removal can move fast. Talk to counsel about stays and next steps.
How long does a cancellation of removal take after a grant? The relief is fast, but the card can still take months. After a denial, the clock depends on appeals.
Frequently Asked Questions of How long does a cancellation of removal take?
How long does a cancellation of removal take on average?
Most cases take 2 to 5 years. Busy courts and appeals can push it longer.
Does filing EOIR‑42A or EOIR‑42B speed up my hearing date?
Filing on time avoids delays, but it rarely moves the court’s calendar. It does prevent resets for missing items.
Can I ask the judge to advance my trial?
Yes, with good cause and proof. Medical needs, military service, or urgent hardship can help.
If I win Non‑LPR cancellation, when will I get my green card?
Many people receive the card within 2 to 8 months after paying the fee. Times vary by USCIS workload.
How long does a cancellation of removal take if I appeal to the BIA?
Add 6 to 18 months for the appeal. A federal court case after that can add 1 to 2 years.
Do all courts take the same time?
No. Some courts set trials in about a year. Large metro courts can set them several years out.
What can delay my case the most?
Court backlog, missing evidence, expired fingerprints, and witness issues. Appeals also add many months.
Conclusion
The honest answer to How long does a cancellation of removal take? is this. Plan for years, prepare like it is tomorrow. Your court, your facts, and your strategy drive the clock. You can cut risk with clean filings, full proof, and steady follow‑up.
Take the next step now. Gather records. Speak with counsel about motions to advance and discretion. Build a timeline you can live with, not fear. If this guide helped, share it with someone who needs clarity today, and subscribe for more plain‑English updates on complex immigration topics.