narrative changes

Plain Writing Act Changes to E-40, E-42A, and E-42B

For each form in the “instructions” section:

FROM:
DO NOT SEND CASH. All fees must be submitted in the exact amount. Remittance 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 and payable to the “Department of Homeland Security” in United States currency. If the applicant resides in the Virgin Islands, the check or money order must be payable to the “Commissioner of Finance of the Virgin Islands.” If the applicant resides in Guam, the check or money order must be payable to the “Treasurer Guam.” Personal checks are accepted sub­ject to collectibility. An uncollectible check will render the application and any documents issued pursuant thereto invalid. A charge of $30.00 will be imposed if a check in payment of a fee is not honored by the bank of which it is drawn. When the check is drawn on an account of a person other than the applicant, the name and alien registration number of the applicant must be entered on the face of the check. All checks must be drawn on a bank locat­ed in the United States.

TO:

DO NOT SEND CASH. All fees must be submitted in the exact amount. Remittance 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 and payable to the “Department of Homeland Security” in United States currency. If the applicant resides in the Virgin Islands, the check or money order must be payable to the “Commissioner of Finance of the Virgin Islands.” If the applicant resides in Guam, the check or money order must be payable to the “Treasurer Guam.” Personal checks are accepted sub­ject to collectibility. If your application fee check is returned for insufficient funds or otherwise denied for payment, your application and any related documents will be invalid.  A charge of $30.00 will be imposed if a check in payment of a fee is not honored by the bank of which it is drawn. When the check is drawn on an account of a person other than the applicant, the name and alien registration number of the applicant must be entered on the face of the check. All checks must be drawn on a bank locat­ed in the United States.

FROM:

Presenting false answers or false documents may also subject you to criminal prosecution under 18 U.S.C. section 1546 and/or subject you to civil penalties under 8 U.S.C. section 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 documents contain any false statement with respect to a material fact. If convicted, you could be fined up to $250,000, imprisoned for up to ten (10) years, or both. 18 USC sections 1546(a), 3559(a)(4), 3571(b)(3). If it is determined 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. section 1324c, relating to civil penalties for document fraud, you will be removable from the United States.

TO:

Presenting false answers or false documents may also subject you to criminal prosecution under 18 U.S.C. section 1546 and/or subject you to civil penalties under 8 U.S.C. section 1324c.  Specifically, 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 documents contain any false statement with respect to a material fact, you could be liable under these provisions. If convicted, you could be fined up to $250,000, imprisoned for up to ten (10) years, or both. 18 USC sections 1546(a), 3559(a)(4), 3571(b)(3). If it is determined 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. section 1324c, relating to civil penalties for document fraud, you will be removable from the United States.

Additional changes for the For E-40 only

“Information for Applicant” section I:

From:

“if your deportation proceedings commenced prior to April 1, 1997”

To:

“if your deportation proceedings began prior to April 1, 1997.”

From:

“or more years preceding the date of the application”

To:

“or more years prior to the date of the application.”