What is Form EOIR-42b?
Form EOIR-42B is an application for nonpermanent residents seeking to cancel their removal and adjust their status to lawful permanent resident. This important form is designed for individuals who have lived in the U.S. for at least 10 years, possess good moral character, and can demonstrate that their family would face exceptional hardship if they were deported. By submitting this application, eligible individuals can prevent deportation and potentially secure permanent residency status, offering them a chance to remain with their loved ones in the country.
What is Form EOIR-42b used for?
Form EOIR-42B is important for nonpermanent residents facing deportation. It helps individuals seek relief by addressing specific situations:
- Preventing Deportation: Demonstrates continuous presence in the U.S. for at least 10 years.
- Showing Good Moral Character: Proves good moral character during that time.
- Hardship to Family Members: Illustrates how removal would cause severe hardship to U.S. citizen or lawful permanent resident family.
- Eligibility Criteria: Confirms compliance with specific eligibility requirements, including no serious criminal convictions and strong ties to the U.S.
How to fill out Form EOIR-42b?
- 1
Fill out all questions on Form EOIR-42B accurately. Ensure compliance with the provided instructions.
- 2
Gather necessary supporting documents, including proof of physical presence, good moral character, and hardship.
- 3
Prepare payment for filing fees using a personal check, cashier’s check, or bank money order in the exact amount.
- 4
Provide your biometric information as instructed by DHS.
- 5
If applicable, serve a copy of the application on ICE Assistant Chief Counsel.
- 6
File the original application along with all supporting documents and additional sheets with the Immigration Court.
Who is required to fill out Form EOIR-42b?
Nonpermanent residents who believe they qualify for cancellation of removal must fill out Form EOIR-42B. This includes individuals who have faced extreme cruelty, maintained continuous physical presence for three years, and can prove that their removal would cause extreme hardship.
After completing the form, the applicant submits it to the Immigration Court for review by an Immigration Judge, who will decide on their removal status and adjustment of status.
When is Form EOIR-42b not required?
Form EOIR-42B is not necessary for aliens who entered the U.S. as crewmen after June 30, 1964, or those admitted as nonimmigrant exchange aliens for graduate medical education. It also isn't required for individuals inadmissible under section 212(a)(3) of the INA or deportable under section 237(a)(4). Additionally, those previously granted relief under sections 212(c) or 244(a) of the INA do not need to file this form.
When is Form EOIR-42b due?
The deadline for Form EOIR-42B is when you file it with the appropriate Immigration Court, typically 30 days before hearing. You must pay a $100 filing fee and biometrics fee, provide biometric and biographic information, and submit supporting documents. Ensure the application is fully and accurately completed, as false information may lead to denial or criminal prosecution.
How to get a blank Form EOIR-42b?
To obtain a blank Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status, visit our website. This form is issued by the Executive Office for Immigration Review (EOIR) under the U.S. Department of Justice. Remember, our platform helps you fill and download forms but does not support filing.
Do you need to sign Form EOIR-42b?
You do not need to sign Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status, until you appear before an Immigration Judge. While the form does require you to swear or affirm the truthfulness of your information, this affirmation occurs in Part 9 of the application after your court appearance. Always check for the latest updates to ensure compliance. Use PDF Guru to fill out the form and download it for your records.
Where to file Form EOIR-42b?
To submit Form EOIR-42B, mail the original completed form along with all supporting documents to the appropriate Immigration Court.
Don't forget to send a copy of your application to the Assistant Chief Counsel for DHS, U.S. Immigration and Customs Enforcement (ICE).
