Can I use a C09 EAD for cancellation of removal?
Generally, no. A C09 EAD is for an applicant with a pending application to adjust status under INA § 245; it is not the employment-authorization category for a cancellation-of-removal application.[1]
For cancellation of removal, the relevant category is ordinarily C10—an applicant for suspension of deportation or cancellation of removal under INA § 240A.[2] The statutory eligibility requirements are in 8 U.S.C. § 1229b and the implementing regulation is 8 C.F.R. § 274a.12(c)(10).
| Basis | EAD category |
|---|---|
| Pending adjustment of status | C09 |
| Pending cancellation of removal | C10 |
A C09 EAD generally cannot be obtained solely because you filed for cancellation. If cancellation is granted, you become a lawful permanent resident as of the grant date under 8 U.S.C. § 1229b(b)(3), and you generally work based on permanent-resident status rather than a C09 EAD.