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 07/31/2012
Department of Homeland Security
U.S. Citizenship and Immigration Services
Department of Justice
U.S. Executive Office for Immigration Review

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

On December 31, 1991, you were 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.

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.

Part II explains eligibility in order to be granted
NACARA relief.

3.

Part III explains how to complete this application.

4.

Part IV explains how to apply before the U.S.
Department of Homeland Security (DHS), U.S.
Citizenship and Immigration Services (USCIS).

5.

Part V explains how to apply before the Immigration
Court.

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 05/08/12 Y Page 1

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
C. What is the Fee?............................................................4
D. 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
C. What to Include with Your Application .......................7
D. Where to File the Application ......................................7
E. Interview Process ..........................................................7
F. Decision Process and Admission
of Deportability or Inadmissibility................................8

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.
B. A Guatemalan national who:
1.

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

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

Part V.

How to Apply With
the Immigration Court ........................................8

3.

Part VI.

Supporting Documents ........................................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.

Part VII. Employment Authorization ..............................10
Part VIII. Address Notification Requirement...................10

Part I. Who Is Eligible to Apply?
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.
You must be described in one of these categories to use this
form:
A. A Salvadoran national who:
1.

First entered the United States on or before
September 19, 1990;

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

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.
C. A Guatemalan or Salvadoran national who filed an
application for asylum on or before April 1, 1990.
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 (b) in Part 2 of
the attached form.

Form I-881 Instructions 05/08/12 Y Page 2

D. 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.
E. The spouse, child, unmarried son, or unmarried
daughter of an individual described in Part I (A), (B),
(C), or (D) 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.
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 for a decision 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.

F. An alien who has been battered or subjected to
extreme cruelty by an individual described in Part I (A),
(B), (C), or (D), 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), (C), or (D), 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 (F). 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.
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 U.S. 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 U.S. citizen or lawful permanent resident will
experience extreme hardship if you are returned to your
country.
Other requirements may apply, including 10 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 05/08/12 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), (C), or (D) 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 black 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.
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 8 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 8
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.
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.
C. 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, except 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
fee is not required if USCIS refers the application to the
Immigration Court.
In addition, each person applying with either USCIS or EOIR
must pay a biometrics services fee of $85 for USCIS to take
their fingerprints and photograph, and, if also required, their
signature. There is no family discount for the biometrics
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.
How to Submit the Fee. 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 made payable to the
Department of Homeland Security and in U.S. currency.
If the check is drawn on an account of a person other than
yourself, you must write your name and 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 will 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.
Form I-881 Instructions 05/08/12 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 biometrics services 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 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 www.uscis.gov.

NOTE: All fees must be submitted in the form of a check
or a money order made payable to the Department of
Homeland Security.
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
(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 1-800-375-5283 if you do not receive an
ASC notice within 3 weeks. Keep copies of all ASC
notices for your records.

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.

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.

5.

6.

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, USCIS suggests that you
make a copy of the decision for your records.
An $85 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.
A copy of the DHS Instructions for Submitting Certain
Applications in Immigration Court and for Providing
Biometric and Biographic Information to USCIS.

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:
1.

Visit the USCIS Web site at www.uscis.gov, select
"FORMS" and check the appropriate fee;

2.

Telephone the USCIS National Customer Service
Center at 1-800-375-5283 and ask for the fee
information;

3.

Visit the EOIR Web site at http://www.justice.gov/
eoir/formspage.htm to check the appropriate fees if
you are in proceedings before EOIR.

Form I-881 Instructions 05/08/12 Y Page 5

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.
D. 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.
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.

Part IV. How to Apply Before USCIS
A. Are You Eligible to Apply Before USCIS?
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 section C below.
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 attachments
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 an asylum officer.
Any original documents you submit will not be returned to
you.
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.

Form I-881 Instructions 05/08/12 Y Page 6

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:
If you live in:

Mail your application to:

Alabama, Arkansas, Colorado,
Connecticut, Delaware,
District of Columbia, Florida,
Georgia, Louisiana, Maine,
Maryland, Massachusetts,
Mississippi, New Hampshire,
New Jersey, New Mexico,
New York, North Carolina,
Oklahoma, Pennsylvania,
Puerto Rico, Rhode Island,
South Carolina, Tennessee,
Texas, Utah, U.S.Virgin
Islands, Vermont, Virginia,
West Virginia, or Wyoming,

USCIS Vermont Service Center
Attn: I-881
75 Lower Welden St.
St. Albans, VT 05479-0881

Alaska, Arizona, California,
Guam, Hawaii, Idaho, Illinois,
Indiana, Iowa, Kansas,
Kentucky, Michigan,
Minnesota, Missouri,
Montana, Nebraska, Nevada,
North Dakota, Oregon, Ohio,
South Dakota, Washington, or
Wisconsin

USCIS California Service Center
P.O. Box 10881
Laguna Niguel, CA 92607-0881

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

E. Interview Process
You will be notified by the USCIS Asylum Office of the time,
date, 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.

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.
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 reschedule 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 any of the following
grounds found in former section 241(a) of the Immigration
and Nationality Act (INA), as it existed prior to April 1, 1997:
1.

Criminal grounds, paragraph (2);

2.

Failure to register and falsification of documents,
paragraph (3); or

3.

Security and related grounds, paragraph (4).

Form I-881 Instructions 05/08/12 Y Page 7

USCIS will not be able to grant your application for special
rule cancellation of removal if you are found:
1.

Inadmissible under criminal and related grounds,
paragraph (2), of INA section 212(a);

2.

Deportable under criminal offenses, paragraph (2), of
INA section 237(a);

3.

Deportable under failure to register and falsification of
documents, paragraph (3), of INA section 237(a); or

4.

Deportable under security and related grounds,
paragraph (4), of INA section 237(a).

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 (F) of these
instructions. Instead, if you are someone described in Part I
(F), 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.
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 by
counsel for DHS at the master calendar hearing. You must
follow these DHS instructions before the immigration judge
can grant relief in your case.
These DHS instructions may also be found at www.uscis.gov.
Also see the discussion concerning these DHS instructions
at Part III, Section C, "What Is the Fee?" of these form
instructions. You must also 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 (D) 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;

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 (C) 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 (D) 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.
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, USCIS also recommends 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.

Form I-881 Instructions 05/08/12 Y Page 8

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

3.

Records of your participation in community or
religious organizations (for example, letters from
others involved in the same organization);

1.

Bankbooks;

4.

Records of any volunteer work you have done;

2.

Leases, deeds;

5.

3.

Licenses;

If you are self-employed, documents showing the
number of people you employ, if any, and balance
sheets; and

4.

Receipts;

6.

5.

Letters;

6.

Birth, church, school, or employment records;

Copies of permanent resident alien cards ("Green
Cards") of any relatives who may suffer extreme
hardship if you are deported or removed.

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;

2.

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

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.
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;

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 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
check or money order separate from the check or money order
submitted for Form I-881.

Part VIII. Address Notification Requirements,
Penalties, Forms, Privacy Act Notice
and Paperwork Reduction
A. Change of Address
If you have changed your address, you must inform USCIS of
your new address. For information on filing a change of
address go to the USCIS web site at www.uscis.gov/
addresschange or contact the USCIS National Customer
Service Center at 1-800-375-5283.
While your application is pending with USCIS Asylum Office,
you must also notify 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 10 days after
you change your address.

Form I-881 Instructions 05/08/12 Y Page 9

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 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.
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this request, we will deny
the benefit you are filing for, and may deny any other
immigration benefit.
In addition, you will face severe penalties provided by law,
and may be subject to criminal prosecution.

USCIS Privacy Act Statement
AUTHORITIES: The information requested on this
application, and the associated evidence, is collected pursuant
to Section 203 of Public Law 105-100 Nicaraguan Adjustment
and Central American Relief Act (NACARA).
PURPOSE: The primary purpose for providing the requested
information on this application is to determine eligibility for
suspension of deportation or special rule cancellation of
removal under Section 203 of Public Law 105-100,
NACARA.
DISCLOSURE: The information you provide is voluntary.
However, failure to provide the requested information, and
any requested evidence, may delay a final decision or result in
the denial of your benefit request.
ROUTINE USES: The information you provide on this
benefit application may be shared with other federal, state,
local, and foreign government agencies and authorized
organizations in accordance with approved routine uses, as
described in the associated published system of records
notices [DHS-USCIS-010 - Asylum Information and PreScreening which can be found at www.dhs.gov/privacy].
The information may also be made available, as appropriate
for law enforcement purposes or in the interest of national
security.

USCIS Forms and Information
You can get USCIS forms and immigration-related
information on the USCIS Web site at www.uscis.gov. You
may order USCIS forms by calling our toll-free number at
1-800-870-3676. You may also obtain forms and information
by telephoning the USCIS National Customer Service Center
at 1-800-375-5283.
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.

EOIR Forms and Information

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 Coordination Division, Office of Policy and
Strategy, 20 Massachusetts Avenue NW, Washington, DC
20529-2020; OMB No 1615-0072. Do not mail your
completed Form I-881 application to this address.

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

Form I-881 Instructions 05/08/12 Y Page 10