Application for Cancellation of Removal (42a) for Certain Permanent Residents; (42b) and Adjustment of Status for Certain Nonpermanent Residents

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form EOIR-42B Application for Cancellation of Removal for Non-Permanent Residents	Form and Instruction	New	Available
Form EOIR-42B Application for Cancellation of Removal for Non-Lawful Permanent Residents	Form and Instruction	New	Repair queued
Form EOIR-42A Application for Cancellation of Removal for Lawful Permanent Residents	Form and Instruction	Modified	Available
Form EOIR-42A Application for Cancellation of Removal for Certain Lawful Permanent Residents	Form and Instruction	Modified	Repair queued
Supporting statement 2022 EOIR42 OMB1125-0001.pdf	Supporting Statement A	Uploaded 2022-10-31	Repair queued
EOIR_42A_PUN.pdf	Supplementary Document	Uploaded 2022-10-31	Repair queued
EOIR_42B_SPA.pdf	Supplementary Document	Uploaded 2022-10-31	Repair queued
EOIR_42B_PUN.pdf	Supplementary Document	Uploaded 2022-10-31	Available
EOIR_42B_POR.pdf	Supplementary Document	Uploaded 2022-10-31	Available
EOIR_42B_CRE.pdf	Supplementary Document	Uploaded 2022-10-31	Available
EOIR_42B_CHI.pdf	Supplementary Document	Uploaded 2022-10-31	Repair queued
EOIR_42A_SPA.pdf	Supplementary Document	Uploaded 2022-10-31	Repair queued
EOIR_42A_POR.pdf	Supplementary Document	Uploaded 2022-10-31	Available
EOIR_42A_CRE.pdf	Supplementary Document	Uploaded 2022-10-31	Available
EOIR_42A_CHI.pdf	Supplementary Document	Uploaded 2022-10-31	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
256568	Application for Cancellation of Removal for Non-Lawful Permanent Residents	Form and Instruction	New	Application for Cancellation of Removal for Non-Permanent Residents
256568	Application for Cancellation of Removal for Non-Lawful Permanent Residents	Form and Instruction	New
12667	Application for Cancellation of Removal for Certain Lawful Permanent Residents	Form and Instruction	Modified	Application for Cancellation of Removal for Lawful Permanent Residents
12667	Application for Cancellation of Removal for Certain Lawful Permanent Residents	Form and Instruction	Modified

ICR Details

OMB Control No: 1125-0001	ICR Reference No: 202210-1125-003
Status: Historical Active	Previous ICR Reference No: 202201-1125-001
Agency/Subagency: DOJ/EOIR	Agency Tracking No: EOIR-42ab
Title: Application for Cancellation of Removal (42a) for Certain Permanent Residents; (42b) and Adjustment of Status for Certain Nonpermanent Residents
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/24/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/03/2022
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2026	36 Months From Approved	01/31/2023
Responses	31,788	0	27,999
Time Burden (Hours)	185,430	0	162,394
Cost Burden (Dollars)	3,178,800	0	0

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Abstract: This information collection is necessary to determine the statutory eligibility for cancellation of removal of individual aliens determined to be removable from the U.S. and to provide information relevant to a favorable exercise of discretion.

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Authorizing Statute(s): US Code: 8 USC 1229b Name of Law: IMMIGRATION AND NATIONALITY
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 52417	08/25/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 66326	11/03/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

table that charts list of burden

IC Title	Form No.	Form Name
Application for Cancellation of Removal for Certain Lawful Permanent Residents	EOIR-42A	Application for Cancellation of Removal for Lawful Permanent Residents
Application for Cancellation of Removal for Non-Lawful Permanent Residents	EOIR-42B	Application for Cancellation of Removal for Non-Permanent Residents

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	31,788	27,999	0	3,789	0	0
Annual Time Burden (Hours)	185,430	162,394	0	23,036	0	0
Annual Cost Burden (Dollars)	3,178,800	0	0	3,178,800	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The agency received more applications over the last three years than previously estimated, accounting for an increase in the number of receipts. The application also requires a $100 filing fee. While reflected in past supporting statements, the filing fee was not previously reflected in the burden summary above.

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Annual Cost to Federal Government: $527,884

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 11/03/2022

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