Form Eoir-42b - Application For Cancellation Of Removal And Adjustment Of Status For Certain Nonpermanent Residents Page 3
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13OMB#ll25-0001
U.S. Department of Justice
Application for Cancellation of Removal and Adjustment
Executive Office for Immigration Review
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 an alien 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 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 resident aliens 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, 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 police records 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, 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 reproductions.
Form EOIR-42B
Revised July 2014
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