Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Sec. 203 of Pub. L. 105-100)

OMB No: 1615-0072; Expires 05/31/09

I-881, Application for Suspension of Deportation or
Special Rule Cancellation of Removal

Department of Homeland Security
U.S. Citizenship and Immigration Services
Department of Justice
U.S. Executive Office for Immigration Review

(Pursuant to Section 203 of Public Law 105-100, NACARA)

Instructions
Read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet of paper. Write your name and Alien Registration Number (A-Number), if any, at the top of each sheet of
paper and indicate the section and number of the item to which the answer refers.

What Is the Purpose of This Form?
This form is to be used by any alien eligible to apply for suspension of deportation or special rule cancellation of removal under
section 203 of Public Law 105-100, the Nicaraguan Adjustment and Central American Relief Act (NACARA 203).
You may use this form only if:
(1) You are a national of El Salvador or Guatemala; or
(2) You were, on December 31, 1991, a national of the Soviet Union, Russia, any Republic of the former Soviet Union
(including Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Ukraine,
and Uzbekistan), Latvia, Estonia, Lithuania, Poland, Czechoslovakia, Romania, Hungary, Bulgaria, Albania, East Germany
(German Democratic Republic), Yugoslavia, or any former state of Yugoslavia (including Bosnia and Herzegovina, Croatia,
Kosovo, Macedonia, Montenegro, Slovenia, and Serbia); or
(3) You are the spouse, child, or unmarried son or unmarried daughter of one of the above described nationals. In addition, you
must meet the other requirements explained in these instructions. Certain individuals who have been battered or subjected to
extreme cruelty, or whose child has been battered or subjected to extreme cruelty, may also use this form, if they meet the
criteria outlined in Part I of these instructions.

DRAFT

If you are in immigration proceedings before the Executive Office for Immigration Review (EOIR) and are not eligible to
apply for suspension of deportation or special rule cancellation of removal under section 203 of NACARA, you must use
Form EOIR-40, Application for Suspension of Deportation (if you are in deportation proceedings), or Form EOIR-42B,
Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents (if you are in
removal proceedings).
These instructions are presented in eight parts:
1.

Part I explains who is eligible to apply for suspension of deportation or special rule cancellation of removal under section
203 of NACARA.

2.
3.

Part II explains eligibility to be granted NACARA relief.
Part III explains how to complete this application.
Part IV explains how to apply before the U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration
Services (USCIS).
Part V explains how to apply before the Immigration Court.

4.
5.
6.

Part VI contains information regarding the types of supporting documents you must submit with your application to show
that you are eligible for NACARA relief.

7.

Part VII contains information about employment authorization.

8.

Part VIII contains information about change of address notification requirements.

Read these instructions carefully. The instructions will help you complete your application and understand how it will be processed.

WARNING: Applicants who are in the United States illegally are subject to deportation or removal if their suspension of
deportation or special rule cancellation of removal claims are not granted by a asylum officer or an immigration judge. Any
information provided in completing this application may be used as a basis for the institution of, or as evidence in, deportation or
removal proceedings, even if the application is later withdrawn. If you have any concerns about this, you must consult with an
attorney or representative before you submit this application to USCIS or EOIR.
Form I-881 Instructions (Rev. 04/27/09) Y

Warning: If filing with USCIS, unexcused failure to appear for an appointment to provide biometrics (such as fingerprints) and
other biographical information within the time allowed may interrupt eligibility for work authorization and result in a dismissal of
your application or a referral to an immigration judge. Applicants and eligible dependents in removal proceedings who fail to
provide DHS with their biometrics or other biographical information as required within the time allowed, except for good cause,
may have their applications found abandoned by the immigration judge.

Table of Contents
Part I. Who Is Eligible to Apply for Suspension of
Deportation or Special Rule Cancellation of Removal
Under Section 203 of NACARA?.........................................2
Part II. Eligibility to Be Granted Relief..............................3
Part III. How to Complete the Application........................4
A. General Instructions...........................................................4
B. Translation of Documents..................................................4
Fee Related Information.........................................4 & 5
C. Biometric Services for Applicants'
Fingerprints, Photograph and Signature............................6
Part IV. How to Apply Before USCIS................................6
A. Are You Eligible to Apply Before USCIS?......................6
B. ABC Class Members Who Have Received
a Final Order of Deportation.............................................6

2. Registered for benefits under the ABC settlement
agreement (American Baptist Churches v. Thornburgh,
760 F. Supp. 796 (N.D. Cal. 1991)) on or before
October 31, 1991 (either by submitting an ABC
registration form or by applying for temporary
protected status - TPS); and
3. Was not apprehended at the time of entry after
December 19, 1990.
You may apply with USCIS only if you have also applied for
asylum on or before February 16, 1996, and USCIS has not
issued a final decision on your asylum application. Even if
you have been placed in deportation or removal proceedings,
you may still be eligible to apply with USCIS if those
proceedings have been administratively closed under the ABC
settlement agreement.
To make an initial application before the Immigration Court,
you must be in deportation or removal proceedings.
If you are described in this category, check (a) in Part 2 of the
attached form.

A. A Guatemalan national who:

DRAFT

C. What to Include with Your Application............................6

1. First entered the United States on or before October 1,
1990;

E. Interview Process.............................................................. 7

2. Registered for benefits under the ABC settlement
agreement (American Baptist Churches v. Thornburgh,
760 F. Supp. 796 (N.D. Cal. 1991)) on or before
December 31, 1991; and

F. Decision Process and Admission of
Deportability or Inadmissibility.........................................7

3. Was not apprehended at the time of entry after
December 19, 1990.

D. Where to File the Application.......................................... 6

Part V. How to Apply With the
Immigration Court...........................................................8
Part VI. Supporting Documents..........................................8
Part VII. Employment Authorization.................................9
Part VIII. Address Notification Requirements..................9

You may apply with USCIS only if you have also applied
for asylum on or before January 3, 1995, and USCIS has
not issued a final decision on your asylum application.
Even if you have been placed in deportation or removal
proceedings, you may still be eligible to apply with
USCIS if those proceedings have been administratively
closed under the ABC settlement agreement.
To make an initial application before the Immigration Court,
you must be in deportation or removal proceedings.

Part I. Who Is Eligible to Apply?

If you are described in this category, check (a) in Part 2 of the
attached form.

If you have not been convicted of an aggravated felony and if
you are described in one of the following five categories, you are
eligible to apply for suspension of deportation or special rule
cancellation of removal under section 203 of NACARA.

B. A Guatemalan or Salvadoran national who filed an
application for asylum on or before April 1, 1990.

You must be described in one of these categories to use this form:

A. A Salvadoran national who:

You may apply with USCIS only if USCIS has not issued a
final decision on your asylum application.
To make an initial application before the Immigration Court,
you must be in deportation or removal proceedings.

1. First entered the United States on or before
September 19, 1990;
Form I-881 Instructions (Rev. 04/27/09) Y Page 2

If you are described in this category, check (b) in Part 2 of the
attached form.
C. An Alien who:
1. Entered the United States on or before
December 31, 1990;
2. Filed an application for asylum on or before
December 31, 1991; and
3. At the time of filing the application was a national
of the Soviet Union, Russia, any Republic of the
former Soviet Union, Albania, Bulgaria,
Czechoslovakia, East Germany, Estonia,
Hungary, Latvia, Lithuania, Poland, Romania,
Yugoslavia, or any state of the former Yugoslavia.
You may apply with USCIS only if USCIS has not
issued a final decision on your asylum application. To
make an initial application before the Immigration
Court, you must be in deportation or removal
proceedings.
If you are described in this category, check (c) in
Part 2 of the attached form.

D. The spouse, child, unmarried son, or unmarried daughter
of an individual described in Part I (A), (B), or (C) above,
who has been granted suspension of deportation or special
rule cancellation of removal. The relationship to your spouse
or parent must exist at the time that your spouse or parent is
granted suspension of deportation or cancellation of
removal. If you are an unmarried son or unmarried daughter
at least 21 years of age at the time your parent is granted the
benefit, you must have entered the United States on or before
October 1, 1990.

E. An alien who has been battered or subjected to extreme
cruelty by an individual described in Part I (A), (B), or
(C), and who was the spouse or child of that individual at
the time that individual:
1. Was granted suspension of deportation or
cancellation of removal;
2. Filed an application for suspension of deportation
or cancellation of removal;
3. Registered for ABC benefits;
4. Applied for temporary protected status (TPS); or
5. Applied for asylum.
An alien whose child has been battered or subjected to
extreme cruelty by an individual described in Part I (A), (B),
or (C), and who was the spouse of that individual at any of the
times described in the bullets above is also eligible to apply.
USCIS does not have authority to decide eligibility for
NACARA 203 relief for individuals described only in
paragraph (E). Special provisions for individuals described in
that paragraph are applied only to cases decided in
Immigration Court. Therefore, if you are applying as a spouse
or child who has been battered or subjected to extreme cruelty,
you must make your initial application before the Immigration
Court.

DRAFT

You may apply with USCIS only if USCIS has granted your
parent or spouse suspension of deportation or special rule
cancellation of removal, or your parent or spouse has Form
I-881 pending with USCIS. You must submit your
application at the same time as your parent or spouse, while
your parent's or spouse's application is still pending with
USCIS, or after your parent or spouse has already been
granted suspension of deportation or special rule cancellation
of removal by USCIS. You must also apply with USCIS if
you were in deportation or removal proceedings and those
proceedings have been closed to give you the opportunity to
apply for suspension of deportation or special rule
cancellation of removal with USCIS because your parent or
spouse has applied with USCIS.
If USCIS does not grant suspension of deportation or special
rule cancellation of removal to your spouse or parent and
you appear to be inadmissible or deportable, USCIS will
refer your application to the Immigration Court to be decided
in removal proceedings.
To make an initial application before the Immigration Court,
you must be in deportation or removal proceedings.
If you are described in this category, check (d) in Part 2 of
the attached form.

To make an initial application before the Immigration Court,
you must be in deportation or removal proceedings.
If you are described in this category, check (e) in Part 2 of the
attached form.

Part II. Eligibility to Be Granted Relief
You may be eligible for NACARA 203 relief if you fall into
category (a), (b), (c), or (d) of Part 2 of the form and you have
established seven years of continuous physical presence in the
United States, good moral character for that time period, and
that you or your spouse, parent, or child who is a United
States citizen or lawful permanent resident will experience
extreme hardship if you are returned to your country.
You may be eligible for NACARA 203 relief if you fall into
category (e) of Part 2 of the form and you have established
three years continuous physical presence, good moral
character for that time period, and you or your spouse, parent,
or child who is a United States citizen or lawful permanent
resident will experience extreme hardship if you are returned
to your country.
Other requirements may apply, including ten years physical
presence and a showing of exceptional and extremely unusual
hardship upon your return to your country, if you are
deportable or removable from the United States based on
certain provisions in the immigration law. There are also
special provisions for individuals who have served in the U.S.
Military.
Form I-881 Instructions (Rev. 04/27/09) Y Page 3

Part III. How to Complete the Application
A. General Instructions
Submit a separate application for each applicant. A separate
application must be prepared and submitted for each person
applying for suspension of deportation or special rule
cancellation of removal. An application on behalf of a person
who is mentally incompetent or is a child under 14 years of
age must be signed by a parent or guardian. Applicants who
check category (d) only in Part 2 on the first page of the form
must submit proof of relationship to the parent or spouse who
is applying or has applied for suspension of deportation or
special rule cancellation of removal.
Applicants who check category (e) of Part 2 on the first page
of the form must also submit evidence of the past relationship
with the individual described in Part I (A), (B), or (C) of these
instructions. If you checked category (e) of Part 2 of the form,
you will also be asked to submit evidence of the battery or
extreme cruelty.
Answer in English. You must fully and accurately answer all
your questions, providing explanations as required on the
attached Form I-881. Your answers must be in English. Your
responses must be typed or printed legibly in ink. Do not leave
any questions unanswered or blank. If any question does not
apply to you, write "None" or "N/A" in the appropriate space.
An incomplete form may be returned to you for
completion.

B. Translation of Documents
Any document you submit that is in a language other than
English must be accompanied by an English language
translation and a certificate signed by the translator stating that
he or she is competent to translate the document and that the
translation is true and accurate to the best of the translator's
abilities. The certification must be printed legibly or typed.

What Is the Fee?
To apply with USCIS for suspension of deportation or
special rule cancellation of removal, you must pay the
filing fee of $285 per individual application submitted, with
the exception that all immediate family members (spouse,
child, unmarried son or unmarried daughter) who submit
their applications together in a single package are eligible
for the family filing fee of $570. You will need to follow the
instructions on "How to Pay When Applying with USCIS,"
and those at Part IV, "How to Apply Before USCIS."
To apply with EOIR for suspension of deportation or
special rule cancellation of removal, the fees you must pay
if you are applying in Immigration Court are different from
the fees you must pay if you are applying with USCIS. If
you are filing your application with the Immigration Court,
you must pay a $165 fee to the U.S. Department of
Homeland Security. A single fee of $165 will be charged
whenever applications are filed by two or more aliens in the
same proceedings. You will need to follow the instructions
on "How to Pay When Applying with EOIR" and those at
Part V, "How to Apply With the Immigration Court." Note:
The $165 is not required if USCIS refers the application to
the Immigration Court.

DRAFT

Attach additional sheets and documents where necessary.
Answer questions directly on the form, where possible.
However, if you do not have enough space on the form to
respond to a question fully, continue your answer on an
additional sheet. You may use Page 9 of the form for this
purpose. You must attach additional written statements and
documents that support your claim. ABC class members
who check category (a) or (b) in Part 2 of the attached form do
not need to submit documentation to support a claim that
removal would result in extreme hardship. (See Part VI of
these instructions.)
If you need more than one additional sheet, photocopy Page 9
or attach additional sheets that show your Alien Registration
Number (A-Number), name (exactly as it appears in Part I of
the form), signature, date, and the number of the question
being answered.
You may amend and supplement your application. You
will be permitted to amend or supplement your application at
the time of your hearing in Immigration Court or at your
interview with a USCIS asylum officer, by providing
additional information and explanations about your claim.

In addition, each person applying with either USCIS or EOIR
must pay a biometric services fee of $80 for USCIS to take
their fingerprints and photograph, and if also required, their
signature. There is no family discount for the biometric
services fee.
If you are unable to pay the application fees, you may ask
permission to file your Form I-881 without fees, under
8 CFR 103.7(c) and 8 CFR 1003.24(d).
These fees will not be refunded, regardless of the action
taken on your application. Therefore, it is important that
you read the instructions and application carefully before
applying.

Form I-881 Instructions (Rev. 04/27/09) Y Page 4

How to Pay When Applying with USCIS
You must include the required fees with your application
when you send it to USCIS. You may use one check to
cover the application fee and the fingerprint fee. All
immediate family members (spouse, child, unmarried son
or unmarried daughter) who wish to take advantage of a
family discount for filing fees must send their
applications in a single package.
How to Pay
All fees must be submitted in the exact amount. Payment may
be made by, personal check, cashier's check, certified bank
check, bank international money order, or foreign draft, drawn
on a financial institution in the United States. Remittances
must be payable in United States currency and made payable
to the Department of Homeland Security.
If the check is drawn on an account of a person other than
yourself, you must write your name and Alien Registration
Number (A-Number) on the front of the check. An
uncollectible check will make your application invalid, and
any receipt issued by USCIS for the remittance shall not be
binding on USCIS. A charge of $30 will be imposed if the
check in payment of a fee is not honored by the bank on
which it is drawn.

3. If you are filing your application with the Immigration
Court, you must pay a $165 application filing fee to the U.
S. Department of Homeland Security. A single fee of $165
will be charged whenever applications are filed by two or
more aliens in the same proceedings. Note: The $165 is
not required if USCIS refers the application to the
Immigration Court.
4. Additionally, if you are unable to pay the required
application-filing fee, you must submit a fee waiver
request to the immigration judge. Submit the immigration
judge's fee waiver decision with your application. Note: If
you received a fee waiver from the immigration judge, it is
suggested that you make a copy of the decision for your
records.
5. An $80 USCIS biometrics fee for each person in removal
proceedings is required. Note: Only USCIS can decide
whether to waive biometrics fees. Immigration judges do
not have the ability to waive these fees.
6. A copy of the DHS Instructions for Submitting Certain
Applications in Immigration Court and for Providing
Biometric and Biographic Information to USCIS.

DRAFT

NOTE: All fees must be submitted in the form of a check
or a money order made payable to the "Department of
Homeland Security."

How to Pay When Applying with EOIR
If you are in deportation or removal proceedings and you are
applying for suspension of deportation or special rule
cancellation of removal with the Immigration Court, you
must follow the DHS Instructions for Submitting Certain
Applications in Immigration Court and for Providing
Biometric and Biographic Information to USCIS, Side B
instructions. You will also be provided this information and
these instructions at the master calendar hearing by counsel
for DHS. You must follow these instructions before the
immigration judge can grant relief in your case. These
instructions may also be obtained at http://www.uscis.gov.
You must submit the following to:
USCIS Texas Service Center
P.O. Box 852463
Mesquite, Texas 75185-2463
1.

A clear copy of the completed application form(s) minus
supporting documents, for you and any immediate
family members who are in the same proceedings.

2.

A copy of Form EOIR-28, Notice of Entry of
Appearance as Attorney or Representative Before the
Immigration Court, if you are represented.

After you submit the above referenced items as instructed
in the DHS Instructions for Submitting Certain
Applications in Immigration Court and for Providing
Biometric and Biographic Information to USCIS, Side B
to the USCIS Texas Service Center, you will receive:
1.

A USCIS fee receipt notice for the paid application
fee(s). Keep a copy for yourself and submit the
receipt to the Immigration Court when you file your
application.

2.

A USCIS notice with instructions to appear for an
appointment at a nearby Application Support Center
(ASC) for collection of your biometrics (your
photographs, fingerprints, and signature). Separate
ASC notices will be sent to each immediate family
member in removal proceedings with you if you
submitted a copy of an application for them and the
biometrics fee(s). You must show this notice to the
ASC. Call (800) 375-5283 if you do not receive an
ASC notice within 3 weeks. Keep copies of all ASC
notices for your records.

Form I-881 Instructions (Rev. 04/27/09) Y Page 5

You (and your dependents) must then:
1.

Attend the ASC biometrics appointment and obtain
a biometrics confirmation document from the ASC.

2.

File at the Immigration Court with jurisdiction over
your case and within the time frame directed by the
immigration judge: (1) the original application form,
(2) all supporting documents, and (3) a copy of
USCIS fee receipt that serves as evidence that you
paid the application filing fee(s). See the discussion
of "How to Apply with the Immigration Court" at
Part V of these instructions; and

3.

Retain your ASC biometrics confirmation as proof
that your biometrics were taken, and bring it to your
future Immigration Court hearings.

How to Check If the Fees Are Correct
The fees on this form are current as of the edition date
appearing in the lower right corner of this page.
However, because USCIS and EOIR fees change
periodically, you can verify if the fees are correct by
following one of the steps below:

If filing with USCIS, unexcused failure to appear for a
scheduled appointment or to provide your required
biometrics, including fingerprints and photographs or to
provide other biographical information within the time
allowed may delay eligibility for work authorization and/
or result in an asylum officer dismissing your applications
or referring your case to an immigration judge.
Applicants and eligible dependents in removal proceedings
who fail to provide USCIS with their biometrics or other
biographical information as required within the time
allowed, except for good cause, may have their applications
found abandoned by the immigration judge.
Passport-style photos must be 2" x 2." The photos must be
in color with full face, frontal view on a white to off-white
background. Head height should measure 1" to 1 3/8" from
top of hair to bottom of chin, and eye height is between 1
1/8" to 1 3/8" from bottom of photo. Your head must be
bare unless you are wearing a headdress as required by a
religious order of which you are a member. Using pencil or
felt pen, lightly print your name and Alien Registration
Number on the back of the photo.

DRAFT

1. Visit USCIS Web site at www.uscis.gov and scroll down to
"Forms and E-Filing" to check the appropriate fees; or

Part IV. How to Apply Before USCIS

2. Review the Fee Schedule included in your form package, if
you called us to request the form; or

A. Are You Eligible to Apply Before USCIS?

3. Telephone USCIS National Customer Service Center at
1-800-375-5283 and ask for the fee information; or
4. Visit the EOIR website at www.usdoj.gov/eoir/ and
scroll down to EOIR Forms to check the appropriate
fees if you are in proceedings before EOIR.
NOTE: If your application requires a biometric services
fee for USCIS to take your fingerprints, photograph, or
signature, you can use the same procedure above to
confirm the biometrics fee.
C. Biometric Services for Fingerprints, Photograph
and Signature
Each applicant 14 years of age or older must be fingerprinted
and photographed as part of USCIS biometric services. Your
fingerprints and photograph must be taken at a designated
Application Support Center or Law Enforcement Agency.
You will be notified in writing of your appointment date and
exact location where you must go for the biometric services.
If required, USCIS may also take your signature.

Not everyone who is eligible to apply for suspension of
deportation or special rule cancellation of removal is eligible
to submit an application for decision by USCIS. Some
persons who are eligible to apply may ask for the benefit only
in proceedings in Immigration Court. See Part 1 of these
instructions to determine whether you are eligible to apply
with USCIS.

B. ABC Class Members Who Have Received a
Final Order of Deportation
If you are an ABC class member who is eligible for a new
asylum interview with USCIS under the ABC settlement
agreement and you are under a final order of deportation
that has not been executed, you cannot apply for suspension
of deportation with USCIS unless you have filed and been
granted a motion to reopen your deportation proceedings,
under 8 CFR 1003.43. Once the deportation proceedings
have been reopened, you must ask the immigration judge to
administratively close the proceedings so that you may
proceed with your suspension of deportation application
with USCIS. To apply with USCIS, you will need to submit
to USCIS the fees and documents described in paragraph C
below.

Form I-881 Instructions (Rev. 04/27/09) Y Page 6

C. What to Include With Your Application
You must send to the appropriate USCIS service center the
following documents (see section D below for addresses):
1. An original completed Form I-881 with all attachements
and copies of your supporting documents;
2. One copy of a completed Form I-881 with all attachments
and supporting documents;
3. Four passport-style photographs of you that meet the
requirements described in Part III(C) of these
instructions;
4. Payment for the fees as explained in Part III(B), "What
Is the Fee?" of these instructions or a request for a
waiver of the fees under 8 CFR 103.7(c); and
5. Proof of relationship to the spouse or parent who is
applying for or has applied for suspension of
deportation or special rule cancellation or removal
under NACARA 203, if you check only box (d) in Part
2 on the first page of the Form I-881.
Submit two copies of supporting documents and bring
the originals with you to your interview with a asylum
officer. Any original documents you submit will not be
returned to you.

If you live in Alabama, Arkansas, Colorado, Connecticut,
Delaware, the District of Columbia, Florida, Georgia,
Louisiana, Maine, Maryland, Massachusetts, Mississippi,
New Hampshire, New Jersey, New Mexico, New York,
North Carolina, Oklahoma, Pennsylvania, the
Commonwealth of Puerto Rico, Rhode Island, South
Carolina, Tennessee, Texas, Utah, the United States Virgin
Islands, Vermont, Virginia, West Virginia or Wyoming,
mail your application to:
USCIS Vermont Service Center
Attn: I-881
75 Lower Welden St.
St. Albans, VT 05479-0881
If you live in Alaska, Arizona, California, the
Commonwealth of Guam, Hawaii, Idaho, Illinois,
Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota,
Missouri, Montana, Nebraska, Nevada, North Dakota,
Oregon, Ohio, South Dakota, Washington, or Wisconsin,
mail your application to:
USCIS California Service Center
P.O. Box 10881
Laguna Niguel, CA 92607-0881

DRAFT

Form EOIR-40, Application for Suspension of
Deportation, will not be accepted when applying for
Section 203 NACARA relief after June 21, 1999, except in
the following limited circumstance. If you filed Form
EOIR-40 before June 21, 1999, and are eligible to apply
with USCIS, then you may apply with USCIS by
submitting Form EOIR-40 attached to a completed first
page of Form I-881. If you are filing Form I-881 or Form
EOIR-40 (with Page 1 of Form I-881 attached) with
USCIS and you have an order to administratively close the
proceedings issued by an immigration judge or Board of
Immigration Appeals, you must attach a copy of the order
to your application.

D. Where to File the Application
If you are eligible to apply for suspension of deportation
or special rule cancellation of removal with USCIS, mail
your completed Form I-881 and all supporting
documents with the required fees to the USCIS service
center indicated below:

E. Interview Process
You will be notified by the USCIS asylum office of the
date, time and place (address) of a scheduled interview.
You must bring a copy of your application and originals of
your supporting documents with you when you have your
interview. You must also bring some form of identification
to your interview, including any passport(s), other travel or
identification documents, or Form I-94, Arrival-Departure
Record. You have the right to legal representation at your
interview, at no cost to the U.S. Government.
If you are unable to proceed with the interview in fluent
English, you must provide at no expense to USCIS a
competent interpreter fluent in both English and a
language that you speak fluently.
Your interpreter must be at least 18 years of age. The
following persons cannot serve as your interpreter: your
attorney or representative of record, a witness testifying on
your behalf at the interview or, if you have an asylum
application pending, a representative or employee of your
country. Quality interpretation may be crucial to your
claim. Such assistance must be obtained, at your expense,
prior to the interview.

Form I-881 Instructions (Rev. 09/02/08) Y Page 7

Failure without good cause to bring a competent
interpreter to your interview may be considered an
unexcused failure to appear for the interview. Any
unexcused failure to appear for an interview may result
in dismissal of your application, or it may be referred
directly to the Immigration Court.
If you cannot attend the interview, you must send a written
request to reschedule your interview, as soon as you know
that you cannot attend. You must send your request to the
USCIS asylum office that sent you the interview notice.
F. Decision Process and Admission of Deportability or
Inadmissibility
USCIS cannot grant suspension of deportation or special
rule cancellation of removal unless you admit that you are
inadmissible to or deportable from the United States. If
USCIS determines that you are eligible for suspension of
deportation or special rule cancellation of removal, you
will be notified that USCIS has found you eligible for the
benefit. At that time, you will be asked to sign an
admission of deportability or inadmissibility. If you have
any concerns about this, you should consult with an
attorney or representative before you submit this
application to USCIS.

However, if you are deportable or inadmissible under these
provisions (other than those related to security concerns), you
may still be eligible for relief from deportation or removal by
an immigration judge under certain higher eligibility
standards.
USCIS is not able to grant your Form I-881 if you are eligible
to apply only as someone described in Part I(E) of these
instructions. Instead, if you are someone described in Part I
(E), you may be eligible to apply with the Immigration Court
as provided for in Part V below.

Part V. How to Apply With the Immigration
Court
If you are in deportation or removal proceedings, you may
apply for suspension of deportation or special rule
cancellation of removal only with the Immigration Court,
unless proceedings have been administratively closed because
(1) you are eligible for an asylum interview with USCIS
under the terms of the ABC settlement agreement; or (2) you
are a spouse, child, unmarried son or unmarried daughter
whose proceedings have been administratively closed because
your spouse or parent has Form I-881 pending with USCIS.

DRAFT

If USCIS grants you suspension of deportation or special
rule cancellation of removal, your status will be adjusted
to that of a lawful permanent resident. If USCIS
determines that you are not eligible for suspension of
deportation or special rule cancellation of removal, and
you appear to be inadmissible or deportable from the
United States, you may be placed in removal proceedings
or, if you previously were in proceedings before an
immigration judge or the Board of Immigration Appeals,
which were administratively closed, USCIS will move to
recalendar those proceedings. At the same time, USCIS
will refer your application to EOIR for adjudication in
deportation or removal proceedings.

Certain Applicants Not Eligible for a Grant by USCIS
USCIS will not be able to grant your application for
suspension of deportation if you are deportable under
paragraph (2) (criminal grounds), paragraph (3) (failure to
register and falsification of documents), or paragraph (4)
(security and related grounds) of former section 241(a) of
the Immigration and Nationality Act (INA) as it existed
prior to April 1, 1997. USCIS will not be able to grant your
application for special rule cancellation of removal if you
are inadmissible under paragraph (2) (criminal and related
grounds) of section 212(a), or deportable under paragraph
(2) (criminal offenses), paragraph (3) (failure to register
and falsification of documents), or paragraph (4) (security
and related grounds) of section 237(a) of the INA.

To apply with the Immigration Court, you must follow
the DHS Instructions for Submitting Certain Applications
in Immigration Court and for Providing Biometric and
Biographic Information to USCIS, Side B instructions.
You will be provided this information and these DHS
instructions at the master calendar hearing by counsel for
DHS. You must follow these DHS instructions before the
immigration judge can grant relief in your case.
These DHS instructions may also be obtained at http://
www.uscis.gov. Also see the discussion concerning these
DHS instructions at Part III, "What Is the Fee," of these
form instructions. In addition to following these DHS
instructions, you must serve the following documents on
the DHS District Counsel:

1. One copy of a completed Form I-881 with all
attachments and supporting documents; and
2. One passport-style photograph of you that meets the
requirements explained in Part III(C) of these
instructions.
In addition, you must file the following documents with
the appropriate Immigration Court:
1. An original completed Form I-881 with all attachments
and supporting documents;

Form I-881 Instructions (Rev. 04/27/09) Y Page 8

2. Evidence of payment of the application-filing fee as
explained in Part III "What Is the Fee," of these
instructions or a request for a waiver of the fee by an
immigration judge;
3. A copy of the ASC scheduling notice that you received as
explained in Part III(B) of these instructions. If you have
already complied with the notice and attended your
biometrics appointment, include a copy of the
confirmation of ASC attendance that you received;
4. One passport-style photograph of you that meets the
requirements explained in Part III(C) of these instructions;
5. A certificate showing service of these documents on the
DHS district counsel, unless service is made on the record
at the hearing; and
6. Form G-325A, Biographic Information Sheet, if you are
between 14 and 79 years of age.
Submit copies of supporting documents and bring the
originals with you to your hearing with an immigration
judge. Any original documents you submit will not be
returned to you. Remember to keep copies of your fee
receipts and ASC scheduling and confirmation notices for
your records. Be prepared to provide copies of these
documents to the immigration judge if requested to do so.

Continuous Physical Presence. Documents that may
support your claim of continuous physical presence
include, but are not limited to, the following:
1.

Bankbooks;

2.

Leases, deeds;

3.

Licenses;

4.

Receipts;

5.

Letters;

6.

Birth, church, school or employment records;

7.

Evidence of tax payments, which may include IRS
computer printouts; and

8.

Employment Authorization Documents (EAD) or
other documents issued by USCIS.

Good Moral Character. Documents that may support
your claim of good moral character include, but are not
limited to, the following:
1.

Affidavits, declarations, or letters of at least two
witnesses, preferably U.S. citizens;

DRAFT

Form EOIR-40, Application for Suspension of Deportation,
will not be accepted when applying for NACARA 203 relief
after June 21, 1999, except if you have filed Form EOIR-40
before June 21, 1999, you do not need to file the Form I-881.

Part VI. Supporting Documents to Show
Eligibility for Relief
Your answers to the questions on this form and your
testimony before an asylum officer or immigration judge
may help you establish that you meet the requirements for
this benefit. However, it is also recommended that you
submit documents to help support your claim.
Below is a list of documents that you may wish to submit
in support of your claim. The list is not exclusive, and you
may submit other documents you believe will help
support your claim.
Continuous Physical Presence. Documents that may
support your claim of continuous physical presence include,
but are not limited to, the following:

2.

Affidavits, declarations, or letters of your
employer, if employed;

3.

Evidence of tax payments, which may include IRS
computer printouts.

Extreme Hardship. If you meet the eligibility
requirements for NACARA suspension of deportation or
special rule cancellation of removal listed in either
category (a) or (b), under Part 2, Page 1 of Form I-881,
you will be presumed to meet the extreme hardship
requirement. If you qualify for a presumption of extreme
hardship, you do not need to submit documents that
support your claim that removal will result in extreme
hardship. However, you will need to provide
explanations to the answers to the questions in Part 9 of
Form I-881, where required.
DHS can rebut the presumption of extreme hardship by
showing that neither you nor your qualified relatives are
likely to experience extreme hardship. If you are unsure
if you qualify for a presumption of extreme hardship,
you should submit documents that support your claim
that removal would result in extreme hardship.
All individuals who cannot check box (a) or (b) in Part 2
on Page 1 of the form are strongly urged to submit
documents to support their claim that removal would
result in extreme hardship.

Form I-881 Instructions (Rev. 04/27/09) Y Page 9

Documents that may support your claim for extreme hardship
include, but are not limited to, the following:
1. School records of your children;
2. Medical records, where relevant;
3. Records of your participation in community or religious
organizations (for example, letters from others involved
in the same organization);
4. Records of any volunteer work you have done;
5. If you are self-employed, documents showing the
number of people you employ, if any, and balance
sheets; and
6. Copies of permanent resident alien cards ("Green Cards")
of any relatives who may suffer extreme hardship if you
are deported or removed.
Additional Documents. In addition to the documents
described above, you must submit with your application
copies of any documents that USCIS has issued to you. The
immigration judge or USCIS asylum officer may require you
to submit additional records relating to your request for
suspension of deportation or special rule cancellation of
removal. These documents may include, but are not limited
to, court records, payment of child support during the time
you have been physically present in the United States, or
documents relevant to extreme hardship for ABC class
members.

Part VIII. Address Notification
Requirements, Penalties, Forms,
and Paperwork Reduction
A. Change of Address.
If you change your address, you must inform DHS in
writing of your new address within 10 days of moving.
You must notify DHS of any change of address by submitting
Form AR-11, Change of Address, to the DHS address listed
on the form within ten days after you change your address.
While your application is pending with USCIS asylum office,
you must also notify the USCIS asylum office by submitting a
copy of the completed Form AR-11, or a signed and dated
letter containing the change of address, within ten days after
you change your address. The address that you provide on the
application, or the last change of address notification you
submitted, will be used by DHS for mailing. Any notices
mailed to that address will constitute adequate service, except
where personal service is required. USCIS Form AR-11 is
available online at http://www.uscis.gov or at U.S. Post
Offices or USCIS District Offices.

DRAFT

Part VII. Employment Authorization
Applicants for suspension of deportation or special rule
cancellation of removal under NACARA 203 are eligible to
apply for and be granted employment authorization under 8
CFR 274a.12(c)(10). Applicants who wish to apply for
employment authorization under this provision must submit a
completed Form I-765, Application for Employment
Authorization (EAD), following the instructions on that form.
If you are applying for employment authorization with your
Form I-881, you must submit the fee for Form I-765 using a
separate check or money order from the check or money order
submitted for Form I-881.

If you are already in proceedings in Immigration Court, you
MUST notify the Immigration Court on Form EOIR-33/IC
(Change of Address Form) of any change of address within
five days of the change of address. You must send the
notification to the Immigration Court having jurisdiction over
your case.
If you are already in proceedings before the Board of
Immigration Appeals, you MUST notify the Board on Form
EOIR-33/BIA (Change of Address Form) of any change of
address within five days of the change of address. EOIR
Forms are available online at http://www.usdoj.gov/eoir/
formspage.htm or at the EOIR Immigration Courts.

B. Penalties
You must answer all questions on Form I-881 truthfully and
submit only genuine documents in support of your application.
You will be required to swear or affirm that the contents of
your application and the supporting documents are true to the
best of your knowledge.

Form I-881 Instructions (Rev. 04/27/09) Y Page 10

Your answer to the questions on this form and the supporting
documents you present will be used to determine whether
your deportation should be suspended or your removal should
be canceled. Any answer you give and any supporting
documents you present may also be used as evidence in any
proceeding to determine your right to be admitted, be
readmitted, pass through, or reside in the United States. Your
application may be denied if any of your answers or
supporting documents are found to be false.
Presenting false answers or false documents may also subject
you to criminal prosecution under 18 U.S.C. 1546 and/or
subject you to civil penalties under 8 U.S.C. 1324c if you
submit your application knowing that the application or any
supporting document contains any false statement with respect
to a material fact, or if you swear or affirm that the contents of
your application and the supporting documents are true,
knowing that the application or any supporting document
contains any false statement with respect to a material fact. If
convicted, you could be fined up to $250,000, imprisoned for
up to ten years, or both, according to 18 U.S.C. 1546(a) and
3559(a)(4). If it is determined that you have violated the
prohibition against document fraud and a final order is entered
against you, you could be subject to a civil penalty up to
$2,000 for each document used or created for the first offense
and up to $5,000 for any second or subsequent offense. In
addition, if you are the subject of a final order for violating 8
U.S.C. 1324c, relating to civil penalties for document fraud,
you will be removable from the United States.

EOIR Forms and Information
To obtain EOIR forms and information about immigration
removal proceedings online you can visit the EOIR Internet
Web site at http://www.usdoj.gov/eoir/. EOIR forms are also
available at the EOIR Immigration Courts.

Paperwork Reduction Act
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 12 hours per
response, including the time for reviewing instructions, and
completing and submitting the form. Send comments
regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing
this burden, to: U.S. Citizenship and Immigration Services,
Regulatory Products Division, 111 Massachusetts Avenue, N.
W., 3rd Floor, Suite 3008, Washington, DC 20529-2210.
OMB No. 1615-0072. Do not mail your application to this
address.

DRAFT

USCIS Forms and Information
To order USCIS forms, call our toll-free number at
1-800-870-3676. You can also get USCIS forms and
information on immigration laws, regulations, and procedures
by telephoning our National Customer Service Center at
1-800-375-5283 or visiting our Internet Web site at www.
uscis.gov.
As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our Internet-based system, InfoPass. To access the system,
visit our Web site. Use the InfoPass appointment scheduler
and follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.

Form I-881 Instructions (Rev. 04/27/09) Y Page 11