EOIR-42B Application for Cancellation of Removal for Non-Permanen

OMB#ll25-0001
U.S. Department of Justice
Executive Office for Immigration Review

Application for Cancellation of Removal and Adjustment
of Status for Certain Nonpermanent Residents

ADVICE TO APPLICANT

PLEASE READ CAREFULLY. FEES WILL NOT BE RETURNED.

I.

Noncitizens Eligible for Cancellation of Removal: You may be eligible to have your removal cancelled
under section 240A(b) of the Immigration and Nationality Act (INA). To qualify for this benefit, you must
estab-lish in a hearing before an Immigration Judge that:
A.

1.

Prior to the service of the Notice to Appear, you have maintained continuous physical presence in
the United States for ten (10) years or more, and you have been a person of good moral character
as defined in section 101(f) of the INA during such period;

2.

You have not been convicted of an offense covered under sections 212(a)(2), 237(a)(2), or
237(a)(3) of the INA; and

3.

Your removal would result in exceptional and extremely unusual hardship to your United States
citizen or lawful permanent resident spouse, parent, or child, and you are deserving of afavorable
exercise of discretion on your application.

OR
B.

1. You have been battered or subjected to extreme cruelty in the United States by your United States
citizen or lawful permanent resident spouse or parent, or you are the parent of a child of a United
States citizen or lawful permanent resident and the child has been battered or subjected to extreme
cruelty in the United States by such citizen or lawful permanent resident parent;
2.

Prior to the service of the Notice to Appear, you have maintained continuous physical presence in
the United States for three (3) years or more and you have been a person of good moral character
as defined in section 101(f) of the INA during such period;

3.

You are not inadmissible under sections 212(a)(2) or 212(a)(3) of the INA, you are not deportable
under section 237(a)(1)(G) or sections 237(a)(2)-(4) of the INA, and you have not been convicted of
an aggravated felony as defined under section 101(a)(43) of the INA;

4.

a. Your removal would result in extreme hardship to you or your child who is the child of a United
States citizen or lawful permanent resident; or
b. You are a child whose removal would result in extreme hardship to you or your parent; and

5.
Note:

II.

You are deserving of a favorable exercise of discretion on your application.

If you have served on active duty in the Armed Forces of the United States for at least 24 months,
you do not have to meet the requirements of continuous physical presence in the United States. You
must, however, have been in the United States when you entered the Armed Forces. If you are no
longer in the Armed Forces, you must have been separated under honorable conditions.
Noncitizens NOT Eligible for Cancellation of Removal: You are not eligible for cancellation of removal under
section 240A(b)(1) of the INA if you:
A.

Entered the United States as a crewman after June 30, 1964;

Form EOIR-42B
Revised Aug. 2022

OMB#ll25-0001
U.S. Department of Justice
Executive Office for Immigration Review

III.

Application for Cancellation of Removal and Adjustment
of Status for Certain Nonpermanent Residents

B.

Were admitted to the United States as, or later became, a nonimmigrant exchange noncitizen as
defined in section 101(a)(15)(J) of the INA in order to receive graduate medical education or training,
regardless of whether you are subject to or have fulfilled the 2-year foreign residence requirement of
section 212(e) of the INA;

C.

Were admitted to the United States as, or later became, a nonimmigrant exchange noncitizen as
defined in section 101(a)(15)(J) of the INA, other than to receive graduate medical education or
training, and are subject to the 2-year foreign residence requirement of section 212(e) of the INA, but
have neither ful-filled nor obtained a waiver of that requirement;

D.

You are either inadmissible under section 212(a)(3) of the INA or deportable under section 237(a)(4)
of the INA;

E.

You ordered, incited, assisted, or otherwise participated in the persecution of an individual because of the
individual’s race, religion, nationality, membership in a particular social group, or political opinion;
or

F.

You were previously granted relief under section 212(c) of the INA, or section 244(a) of the INA as
such sections were in effect prior to the enactment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, whose removal has previously been cancelled under section 240A of the
INA.

How to Apply for Cancellation of Removal:
If you believe that you have met all the requirements for cancellation of removal, you must answer all the
questions on the attached Form EOIR-42B fully and accurately. You must pay the filing and biometrics fees
and comply with the Department of Homeland Security (DHS) instructions for providing biometric and
biographic information to U.S. Citizenship and Immigration Services (USCIS), [available at http://
uscis.gov]. You must also serve a copy of your application on the Assistant Chief Counsel for the DHS,
U.S. Immigration and Customs Enforcement (ICE) as required in the proof of service on page 8 of this
application, if applicable, and you must file your application with the appropriate Immigration Court. Please
read the following instructions carefully before completing your application.

Form EOIR-42B
Revised Aug. 2022

OMB#ll25-0001
U.S. Department of Justice
Executive Office for Immigration Review

Application for Cancellation of Removal and Adjustment
of Status for Certain Nonpermanent Residents

INSTRUCTIONS
1. PREPARATION OF APPLICATION.
To apply for cancellation of removal under section 240A(b) of the Immigration and Nationality Act (INA), you must fully
and accurately answer all questions on the attached Form EOIR-42B. You must also comply with all of the instructions
contained in this form. These instructions have the force of law. A separate application must be prepared and executed for
each person applying for cancellation of removal. An application on behalf of a noncitizen who is mentally incompetent or is
a child under 14 years of age shall be executed by a parent or guardian.
Your responses must be typed or printed legibly in ink. Do not leave any questions unanswered or blank. If any
questions do not apply to you, write "none" or "not applicable" in the appropriate space.
To the extent possible, answer all questions directly on the form. If there is insufficient room to respond fully to a
question, please continue your response on an additional sheet of paper. Please indicate the number of the question being
answered next to your response on the additional sheet, write your alien registration ("A") number, print your name, and
sign, date, and securely attach each additional sheet to the Form EOIR-42B.

2. BURDEN OF PROOF.
The burden of proof is on you to prove that you meet all of the statutory requirements for cancellation of removal for
certain nonpermanent residents under section 240A(b) of the INA and that you are entitled to such relief as a mat-ter of
discretion. To meet this burden, your responses to the questions on the application should be as detailed and com-plete as
possible. You should also attach to your application any documents that demonstrate your eligibility for cancel-lation of
removal (see "SUPPORTING DOCUMENTS" below).

3. SUPPORTING DOCUMENTS.
You should submit documentary evidence to show that you have maintained continuous physical presence in the United
States for the required period. Documents which may show evidence of your physical presence in the United States include,
but are not limited to, bankbooks, leases, deeds, licenses, receipts, letters, birth records, church records, school
records, employment records, medical records, and evidence of tax payments.
You should submit documents which help to show that you are, and have been, a person of good moral character during
the entire period of continuous physical presence in the United States required for eligibility for cancellation of
removal. You should submit conviction records, if any, from each jurisdiction in which you resided during such
period. To show good moral character, it is recommended that you submit the affidavits of witnesses attesting to your
good moral character, preferably citizens of the United States, and if you are employed, your employer. The affidavit
from your employer should include information regarding the nature and duration of your employment and your
earnings.
You should submit official certification to establish your relationship to those you claim would suffer hardship by
your removal, and if such persons are citizens of the United States or lawful permanent residents, evidence of their
citizenship or lawful permanent resident status. Documentary evidence of such relationships may include, but are not
limited to, birth records, marriage certificates, proof of divorce or termination of marriage, and death certificates.
You should also submit with your application copies of any documents which the Department of Homeland Security
(DHS), formerly the Immigration and Naturalization Service ("INS"), issued to you. You should also submit all
documents which reflect payment of taxes, your criminal history, including all conviction records, and payment of child
support during your physical presence in the United States. The Immigration Judge may require you to submit additional
records relating to your request for cancellation of removal.
The original of all supporting documents must be available for inspection at the hearing. If you wish to have the original
documents returned to you, you should also present copies.
Form EOIR-42B
Revised Aug. 2022

OMB#ll25-0001
U.S. Department of Justice
Executive Office for Immigration Review

Application for Cancellation of Removal and Adjustment
of Status for Certain Nonpermanent Residents

4. REQUIRED BIOMETRIC AND BIOGRAPHIC INFORMATION.
Each applicant 14 years of age or older must also comply with the requirement to supply biometric and biographic information. You will be given instructions on how to complete this requirement. You will be notified in writing of the location of the DHS USCIS Application Support Center (ASC) or the designated Law Enforcement Agency where you must
go to provide biometric and biographic information. You will also be given a date and time for the appointment. It is
important to fur-nish all the required information. Failure to comply with this requirement may result in a delay in your
application or in your application being deemed abandoned and dismissed by the Immigration Court.

5. TRANSLATIONS.
Any document in a foreign language must be accompanied by an English language translation and a certificate signed by
the translator stating that he/she is competent to translate the document and that the translation is true and accurate to the
best of the translator's abilities. Such certification must be printed legibly or typed.

6. PHOTOGRAPHS.
Unless you are incarcerated or detained in a facility which prevents your compliance with this instruction, you must submit two glossy, unretouched, color photographs of yourself taken within 30 days of the date of this application. These
photos must have a white background and must not be mounted. The dimension of your facial image in the photograph
should be about one (1) inch from the chin to the top of your hair and you should be shown in full frontal/passport-style
view with your eyes open. Using a pencil or felt pen, you should lightly print your name and alien registration ("A")
number on the back of each photograph.

7. FEES.
Before you file your Form EOIR-42B with the Immigration Court, you must pay the required $100 filing fee and the
biometrics fee to the DHS. Evidence of payment of these fees in the form of a copy of the DHS USCIS ASC notice of fee
receipt and biometrics appointment instructions must accompany your Form EOIR-42B. These fees will not be refunded,
regardless of the action taken on your application. Therefore, it is important that you read the advice, instructions, and
application carefully before responding. If you are unable to pay the filing fee, you may ask the Immigration Judge
to permit you to file your Form EOIR-42B without having to pay the fee by including a completed EOIR-26A Fee
Waiver form with your application.

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 made 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 on which it is drawn. When the check is drawn on an account of a person other than the applicant, the name
and alien registration ("A") 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.
8. SERVING & FILING YOUR APPLICATION.
A.

You must first comply with the DHS instructions for providing biometric and biographic information to
USCIS, which involves sending a copy of the application to the appropriate USCIS Service Center. The
DHS instructions also address payment of the application fees.

B.

You must then serve the following documents on the Assistant Chief Counsel for DHS, U.S. Immigration
and Customs Enforcement (ICE):
Form EOIR-42B
Revised Aug. 2022

OMB#ll25-0001
U.S. Department of Justice
Executive Office for Immigration Review

Application for Cancellation of Removal and Adjustment
of Status for Certain Nonpermanent Residents

- a copy of your Form EOIR-42B, Application for Cancellation of Removal, with all supporting documents and additional sheets;
- a copy of the USCIS ASC notice of fee receipt and biometrics appointment instructions;
- the original Biographical Information Form G-325A; and
- a photograph of you which meets the requirements of instruction #6 above.
Note: Electronic filers are not required to serve the opposing party if the opposing party is participating in
ECAS. EOIR's ECAS system will provide an electronic service notification to participating parties.
You must file the following documents with the appropriate Immigration Court:
- the original Form EOIR-42B with all supporting documents and additional sheets;
- a copy of the USCIS ASC notice of fee receipt and biometrics appointment instructions;
- a copy of Biographical Information Form G-325A;
- a photograph of you which meets the requirements of instruction #6 above; and
- a completed certificate showing service of these documents (See Part 10 of the Application on page
8) on the ICE Assistant Chief Counsel or affirmation that the documents were electronically filed
through ECAS, unless service is made on the record at the hearing.
Retain your USCIS ASC biometrics confirmation document or a copy of your Fingerprint Card, FD-258, if applicable,
as proof that your biometrics were taken, and bring it to your future Immigration Court hearings.

9. PENALTIES.
You must answer all questions on Form EOIR-42B 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. Your answer to the questions on this form and the supporting documents
you present will be used to determine whether your removal should be cancelled and whether you should be permitted to
adjust your status. Any answer you give and any supporting document you present may also be used as evidence in any
proceeding to determine your right to be admitted or readmitted, re-enter, 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. 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 U.S.C. 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.

10. PAPERWORK REDUCTION ACT NOTICE.
Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays
a currently valid OMB control number. We try to create forms and instructions that are accurate, can easily be understood, and which impose the least possible burden on you to provide us with information. Often, this process is difficult
because some immigration laws are very complex. The reporting burden for this collection of information is computed
as follows: (1) learning about the form, 50 minutes, (2) completing the form, 2 hours, and (3) assembling and filing the
form, 3 hours, for an average of 5 hours, 50 minutes per application. If you have comments regarding the accuracy of
this burden estimate, or any other aspect of this collection of information, including suggestions for reducing this burden, you may write to the U.S. Department of Justice, Executive Office for Immigration Review, Office of the General
Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041
Form EOIR-42B
Revised Aug. 2022

OMB#ll25-0001

Application for Cancellation of Removal and Adjustment
of Status for Certain Nonpermanent Residents

U.S. Department of Justice
Executive Office for Immigration Review

PLEASE READ ADVICE AND INSTRUCTIONS
BEFORE FILLING IN FORM

Fee Stamp (Official Use Only)

PLEASE TYPE OR PRINT
1) My present true name is: (Last, First, Middle)

2) Alien Registration (“A”) Number(s):

3) My name given at birth was: (Last, First, Middle)

4) Birth Place: (City andCountry)
7) Height:

5) Date of Birth: (Month, Day, Year)

6) Gender:

10) Current Nationality and Citizenship:

11) National ID/Passport Number: 12) Home Phone Number:

8) Hair Color:

9) Eye Color:

13) Work Phone Number:

15) I have been known by these additional name(s):

14) I currently reside at:

16) I have resided in the following locations in the United States: (List PRESENT ADDRESS FIRST, and work back in time for at least 10
years.)
Street and Number - Apt. or Room # - City or Town - State - Zip Code

Resided From:

Resided To:

(Month, Day, Year)

(Month, Day, Year)

PRESENT

17) I, the undersigned, hereby request that my removal be cancelled under the provisions of section 240A(b) of the Immigration and Nationality
Act (INA). I believe that I am eligible for cancellation of removal because: (Check all that apply.)

❑

My removal would result in exceptional and extremely unusual hardship to my:
LAWFUL PERMANENT
RESIDENT

UNITED STATES
CITIZEN

spouse, who is a
father, who is a
mother, who is a
child/children, who is/are a
___ I , or my child, have been battered or subject to extreme cruelty by a United States citizen or lawful permanent
resident spouse or parent.
With the exception of absences described in question #23, I have resided in the United States since:

Please continue answers on a separate sheet as needed.
(1)

(Month, Day, Year)

Form EOIR-42B
Revised Aug. 2022

PART 3 - INFORMATION ABOUT YOUR PRESENCE IN THE UNITED STATES
18) I first arrived in the United States under the name of: (Last, First, Middle)

19) I first arrived in the United States on: (Month, Day, Year)

20) Place or port of first arrival: (Place or Port, City, and State)

21) I:

❏

❑

was inspected and admitted.
❑ I entered using my Lawful Permanent Resident card which is valid until
Category on Lawful Permanent Resident card
.
❑ I entered using a
visa which is valid until
(Specify Type of Visa)

❑

.

(Month, Day, Year)

was not inspected and admitted.
❑ I entered without documents. Explain:

❑

.

(Month, Day, Year)

.

I entered without inspection. Explain:

.

Other. Explain:

22) I applied on

.

(Month, Day, Year)

and valid until

for additional time to stay and it was
, or ❏ denied on

(Month, Day, Year)

❏

granted on

(Month, Day, Year)

(Month, Day, Year)

.

23) Since the date of my first entry, I departed from and returned to the United States at the following places and on the following dates:
(Please list all departures regardless of how briefly you were absent from the United States.)

If you have never departed from the United States since your original date of entry, please mark an X in this box: ❏

1

2

Place or area or port or city and state of departure

Departure Date (Month, Day, Year)

Purpose of Travel

Destination

Place or area or port or city and state of return

Return Date (Month, Day, Year)

Manner of Return

Inspected and Admitted?

Place or area or port or city and state of departure

Departure Date (Month, Day, Year)

Purpose of Travel

Destination

Place or area or port or city and state of return

Return Date (Month, Day, Year)

Manner of Return

Inspected and Admitted?

❑ Yes ❏ No

❑ Yes ❏ No
a) under an order of deportation, exclusion, or removal?. ..................................... ❏ Yes ❏ No
b) pursuant to a grant of voluntary departure?. .......................................................❏ Yes ❏ No

24) Have you ever departed the United States:

PART 4 - INFORMATION ABOUT YOUR MARITAL STATUS AND SPOUSE (Continued on page 3)
25) I am divorced:
I am married: yes

no

26) If married, the name of my spouse is: (Last, First, Middle)

27) My spouse’s name before marriage was:

28) The marriage took place in: (City and Country)

29) Date of marriage: (Month, Day, Year)

30) My spouse currently resides at:

31) Place and date of birth of my spouse: (City & Country; Month, Day, Year)

Apt. number and/or in care of

32) My spouse is a citizen of: (Country)

Number and Street
City or Town

State/Country

Zip Code

33) If your spouse is other than a native born United States citizen, answer the following:
He/she arrived in the United States at: (Place or Port, City
He/she arrived in the United States on: (Month,

and State)

.

Day, Year)

.

His/her alien registration number(s) is: A#
He/she was naturalized on: (Month,

.
at

Day, Year)

.

(City and State)

34) My spouse ❏ - is ❏ - is not employed. If employed, please give salary and the name and address of the place(s) of employment.
Full Name and Address of Employer

Earnings Per Week
(Approximate)

$
$
$
Please continue answers on a separate sheet as needed.
(2)

Form EOIR-42B
Revised Aug. 2022

PART 4 - INFORMATION ABOUT YOUR MARITAL STATUS AND SPOUSE (Continued)
35) I ❏ - have ❏ - have not been previously married: (If previously married, list the name of each prior spouse, the dates on which each marriage began and ended, the place where the marriage terminated, and describe how each marriage ended.)
Name of prior spouse: (Last, First, Middle)

Place marriage ended:

Date marriage began:
Date marriage ended:

(City and Country)

Description or manner of how marriage was
terminated or ended:

36) My present spouse ❏ - has ❏ - has not been previously married: (If previously married, list the names of each prior spouse, the dates on
which each marriage began and ended, the place where the marriage terminated, and describe how each marriage ended.)
Name of prior spouse: (Last, First, Middle)

Place marriage ended:

Date marriage began:
Date marriage ended:

(City and Country)

Description or manner of how marriage was
terminated or ended:

37) Have you been ordered by any court, or are otherwise under any legal obligation, to provide child support and/or spousal maintenance as a
result of a separation and/or divorce?
❏ Yes ❏ No

PART 5 - INFORMATION ABOUT YOUR EMPLOYMENT AND FINANCIAL STATUS
38) Since my arrival into the United States, I have been employed by the following named persons or firms: (Please begin with present employment and
work back in time. Any periods of unemployment or school attendance should be specified. Attach a separate sheet for additional entries if necessary .)
Full Name and Address of Employer

Earnings Per Week
(Approximate)

Type of Work
Performed

Employed From:

Employed To:

(Month, Day, Year)

(Month, Day, Year)

PRESENT

$
$
$
39) If self-employed, describe the nature of the business, the name of the business, its address, and net income derived therefrom:

40) My assets (and if married, my spouse’s assets) in the United States and other countries, not including clothing and household necessities, are:
Self
Cash, Stocks, and Bonds................................ $
Real Estate...................................................... $
Auto (dollar value minus amount owed)....... $
Other (describe on line below)....................... $
TOTAL $

Jointly Owned With Spouse
Cash, Stocks, and Bonds. ...............................$
Real Estate...................................................... $
Auto (dollar value minus amount owed)........$
Other (describe on line below). ...................... $
TOTAL $

41) I ❏ - have ❏ - have not received public or private relief or assistance (e.g.,Welfare, Unemployment Benefits, Medicaid, TANF, AFDC,
etc.). If you have, please give full details including the type of relief or assistance received, date for which relief or assistance was received, place,
and total amount received during this time:

42) Please list each of the years in which you have filed an income tax return with the Internal Revenue Service:

Please continue answers on a separate sheet as needed.
(3)

Form EOIR-42B
Revised Aug. 2022

PART 6 - INFORMATION ABOUT YOUR FAMILY (Continued on page 5)
43) I have
(Number of) children. Please list information for each child below, include assets and earnings information for
children over the age of 16 who have separate incomes:
Name of Child: (Last, First, Middle)
Child’s Alien Registration Number:

Citizen of What Country:
Birth Date: (Month, Day, Year)

Now Residing At: (City and Country)
Birth Place: (City and Country)

Immigration Status
of Child

A#:
Estimated Total of Assets: $

Estimated Average Weekly Earnings: $

A#:
Estimated Total of Assets: $

Estimated Average Weekly Earnings: $

A#:
Estimated Total of Assets: $

Estimated Average Weekly Earnings: $

44) If your application is denied, would your spouse and all of your children accompany you to your:
Country of Birth -

❏

Country of Nationality -

❏ Yes ❏ No

Country of Last Residence -

Yes ❏ No

If you answered “No” to any of the
responses, please explain:

❏ Yes ❏ No

45) Members of my family, including my spouse and/or child(ren) ❏ - have ❏ - have not received public or private relief or assistance (e.g.,
Welfare, Unemployment Benefits, Medicaid, TANF, AFDC, etc.). If any member of your immediate family has received such relief or assistance, please
give full details including identity of person(s) receiving relief or assistance, dates for which relief or assistance was received, place, and
total amount received during this time:

46) Please give the requested information about your parents, brothers, sisters, aunts, uncles, and grandparents, living or deceased. As to residence,
show street address, city, and state, if in the United States; otherwise show only country:
Name: (Last, First, Middle)
Alien Registration Number:

Citizen of What Country:
Birth Date: (Month, Day, Year)

Relationship to Me:
Birth Place: (City and Country)

Immigration Status
of Listed Relative

A#:
Complete Address of Current Residence, if Living:

A#:
Complete Address of Current Residence, if Living:

Please continue answers on a separate sheet as needed.
(4)

Form EOIR-42B
Revised Aug. 2022

PART 6 - INFORMATION ABOUT YOUR FAMILY (Continued)
IF THIS APPLICATION IS BASED ON HARDSHIP TO A PARENT OR PARENTS, QUESTIONS 47-50 MUST BE ANSWERED.
47) If your parent is not a citizen of the United States, give the date and place of arrival in the United States including full details as to the date,
manner, and terms of admission into the United States:

48) My father ❏ - is ❏ - is not employed. If employed, please give salary and the name and address of the place(s) of employment.
Full Name and Address of Employer

Earnings Per Week
(Approximate)

$
49) My mother ❏ - is ❏ - is not employed. If employed, please give salary and the name and address of place(s) of employment.
Full Name and Address of Employer

Earnings Per Week
(Approximate)

$
50) My parent’s assets in the United States and other countries not including clothing and household necessities are:
Assets of father consist of the following:
Assets of mother consist of the following:
Cash, Stocks, and Bonds................................ $
Cash, Stocks, and Bonds. .............................. $
Real Estate...................................................... $
Real Estate......................................................$
Auto (dollar value minus amount owed)....... $
Auto (dollar value minus amount owed)........$
Other (describe on line below)....................... $
Other (describe on line below). ......................$
TOTAL $
TOTAL $

PART 7 - MISCELLANEOUS INFORMATION (Continued on page 6)
51) I ❏ - have ❏ - have not entered the United States as a crewman after June 30, 1964.
52) I ❏ - have ❏ - have not been admitted as, or after arrival in the United States acquired the status of, an exchange noncitizen.
53) I ❏ - have ❏ - have not submitted address reports as required by section 265 of the Immigration and Nationality Act.
54) I ❏ - have ❏ - have never (either in the United States or in any foreign country) been arrested, summoned into court as a defendant, convicted, fined, imprisoned, placed on probation, or forfeited collateral for an act involving a felony, misdemeanor, or breach of any public law or
ordinance(including, but not limited to, traffic violations or driving incidents involving alcohol). (If answer is in the affirmative, please give a
brief description of each offense including the name and location of the offense, date of conviction, any penalty imposed, any sentence imposed,
and the time actually served. You are required to submit documentation of any such occurrences.)

55) Have you ever served in the Armed Forces of the United States? ❏ Yes ❏ No. If “Yes” please state branch (Army, Navy, etc.) and
service number:
Place of entry on duty: (City

and State)

Date of entry on duty: (Month, Day, Year)

Date of discharge: (Month, Day, Year)

Type of discharge: (Honorable, Dishonorable, etc.)
I served in active duty status from: (Month,

Day, Year)

to

(Month, Day, Year)

56) Have you ever left the United States or the jurisdiction of the district where you registered for the draft to avoid being drafted into the military or
naval forces of the United States?
❑ Yes ❏ No
Form EOIR-42B
Please continue answers on a separate sheet as needed.
Revised Aug. 2022
(5)

PART 7 - MISCELLANEOUS INFORMATION (Continued)
57) Have you ever deserted from the military or naval forces of the United States while the United States was at war?

❏

Yes ❏ No

58) If male, did you register under the Military Selective Service Act or any applicable previous Selective Service (Draft) Laws?
If “Yes,” please give date, Selective Service number, local draft board number, and your last draft classification:

❏ Yes ❏

59) Were you ever exempted from service because of conscientious objection, alienage, or any other reason?

❏

No

Yes ❏ No

60) Please list your present or past membership in or affiliation with every political organization, association, fund, foundation, party, club, society,
or similar group in the United States or any other place since your 16th birthday. Include any foreign military service in this part. If none, write
“None.” Include the name of the organization, location, nature of the organization, and the dates of membership.
Name of Organization

Location of Organization

Nature of Organization

Member From:
(Month, Day, Year)

Member To:

(Month, Day, Year)

61) Have you ever:

❑
❑

Yes
Yes

❏ No
❏ No

been ordered deported, excluded, or removed?
overstayed a grant of voluntary departure from an Immigration Judge or the Department of Homeland Security (DHS),
formerly the Immigration and Naturalization Service (INS)?

❑

Yes

❏ No

failed to appear for removal or deportation?

62) Have you ever been:

❑
❑
❑
❑
❑
❑
❑
❑
❑
❑

Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes

❏ No
❏ No
❏ No
❏ No
❏ No
❏ No
❏ No
❏ No
❏ No
❏ No

a habitual drunkard?
one whose income is derived principally from illegal gambling?
one who has given false testimony for the purpose of obtaining immigration benefits?
one who has engaged in prostitution or unlawful commercialized vice?
involved in a serious criminal offense and asserted immunity from prosecution?
a polygamist?
one who brought in or attempted to bring in another to the United States illegally?
a trafficker of a controlled substance, or a knowing assister, abettor, conspirator, or colluder with others in any such
controlled substance offense (not including a single offense of simple possession of 30 grams or less of marijuana)?
inadmissible or deportable on security-related grounds under sections 212(a)(3) or 237(a)(4) of the INA?
one who has ordered, incited, assisted, or otherwise participated in the persecution of an individual on account of his or
herrace, religion, nationality, membership in a particular social group, or political opinion?

❑

Yes

❏ No

a person previously granted relief under sections 212(c) or 244(a) of the INA or whose removal has previously been
cancelled under section 240A of the INA?

If you answered “Yes” to any of the above questions, explain:

Please continue answers on a separate sheet as needed.
(6)

Form EOIR-42B
Revised Aug. 2022

PART 7 - MISCELLANEOUS INFORMATION (Continued)
63) Are you the beneficiary of an approved visa petition? ❏ Yes ❏ No
If yes, can you arrange a trip outside the United States to obtain an immigrant visa? ❏ Yes ❏ No If no, please explain:

64) Name of School, Type of School, Degree Earned / Date (if any), Location (City/Country), Attended From (MM/YY) To (MM/YY)

65) The following certificates or other supporting documents are attached as part of this document. : (Refer to the Instructions for documents which should be attached.)

PART 8 - SIGNATURE OF PERSON PREPARING FORM, IF OTHER THAN APPLICANT
(Read the following information and sign below)
I declare that I have prepared this application at the request of the person named in Part 1, that the responses provided are based
on all information of which I have knowledge, or which was provided to me by the applicant, and that the completed application was read to the applicant in a language the applicant speaks fluently for verification before he or she signed the applica- tion
in my presence. I am aware that the knowing placement of false information on the Form EOIR-42B may subject me to civil
penalties under 8 U.S.C.§1324c.

Signature of Preparer:
Daytime Telephone#:

Print Name:

Date:

Address of Preparer: (Number and Street, City, State, Zip Code)

Please continue answers on a separate sheet as needed.
(7)

Form EOIR-42B
Revised Aug. 2022

PART 9 - SIGNATURE OF APPLICANT
I swear or affirm that I know the contents of this application that I am signing, including the attached documents and supplements, and that they
are all true to the best of my knowledge.

Signature of Applicant or Parent or Guardian

Print Name

Date (Month, Day, Year)

PART 10 - PROOF OF SERVICE
I hereby certify that a copy of the foregoing Form EOIR-42A was sent to to the Assistant Chief Counsel for the DHS (U.S.
Immigration and Customs Enforcement-ICE) on
at:
(Month, Day, Year)

(Email Address or Physical Address (Number and Street, City, State, Zip Code))

❏

No service needed. I electronically filed this document, and the opposing party is participating in ECAS.

Signature of Applicant (or Attorney or Representative)

Please continue answers on a separate sheet as needed.
(8)

Form EOIR-42B
Revised Aug. 2022