What is Form EOIR-42A?
Form EOIR-42A is a crucial document for permanent residents seeking Cancellation of Removal. It allows individuals to demonstrate their eligibility to remain in the U.S. by proving they have been permanent residents for at least five years and have lived in the country for seven years without serious criminal offenses. This form is essential for presenting their unique circumstances and supporting evidence to an Immigration Judge, who will ultimately decide if they can keep their permanent resident status and continue living in the U.S.
What is Form EOIR-42A used for?
Form EOIR-42A serves a specific purpose for certain lawful permanent residents:
- Proves continuous U.S. residence for at least seven years.
- Shows lawful permanent resident status for at least five years.
- Demonstrates no aggravated felony conviction.
- Provides necessary evidence to support the application.
This form helps individuals facing removal proceedings due to criminal issues apply for cancellation of their removal.
How to fill out Form EOIR-42A?
- 1
Fill out all sections of Form EOIR-42A accurately.
- 2
Attach supporting documents proving lawful permanent residency and continuous U.S. residence.
- 3
Confirm that no aggravated felony convictions are listed.
- 4
Include payment for the $130 (2025 filing and biometrics fee)
- 5
Download the completed application for submission to the appropriate Immigration Court.
Who is required to fill out Form EOIR-42A?
Permanent resident aliens who believe they meet the requirements for cancellation of removal must complete Form EOIR-42A to apply for relief under section 240A(a) of the Immigration and Nationality Act (INA).
After completing Form EOIR-42A, the applicant must file it with the relevant Immigration Court and follow Department of Homeland Security (DHS) guidelines. An Immigration Judge will then review the application for approval.
When is Form EOIR-42A not required?
Form EOIR-42A is not required for non-permanent residents, as they must use Form EOIR-42B instead, even if they later adjust to LPR status. Additionally, individuals inadmissible or deportable under specific INA sections, as well as those previously granted relief under certain INA sections, do not need to file this form.
When is Form EOIR-42A due?
Form EOIR-42A must be filed within the timeframe directed by the Immigration Judge during removal proceedings. Ensure the application is fully completed and the required fees, including a $130 fee, is paid. Not following these instructions can lead to delays or even dismissal of your application.
How to get a blank Form EOIR-42A?
To obtain a blank Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents, visit our website. This form is issued by the U.S. Department of Justice's Executive Office for Immigration Review. Remember, our platform helps you fill and download the form, but does not support filing.
Do you need to sign Form EOIR-42A?
No, you do not need to sign Form EOIR-42A until you appear before an Immigration Judge. The application must be signed by you or your guardian in the presence of the judge, meaning it cannot be signed independently at home. For the most accurate information, checking the latest updates is always recommended. Use PDF Guru to fill out and download your form before your hearing.
Where to file Form EOIR-42A?
To submit Form EOIR-42A, send your completed application to the appropriate Immigration Court by mail. Remember, online submissions are not accepted.
If applicable, also serve a copy to the Assistant Chief Counsel for DHS, U.S. Immigration and Customs Enforcement (ICE). Make sure to follow all instructions carefully.
