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2.0

DOJ proposes revisions to Application for Cancellation of Removal forms, EOIR-42A and EOIR-42B

  1. Original Date Announced

    August 5, 2025

    EOIR published a request for comments on proposed revisions to forms EOIR-42A (“Application for Cancellation of Removal for Certain Permanent Residents”) and EOIR-42B (“Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents”). Both forms are used to request cancellation of removal.

    Both forms make the following substantive changes:

    • Direct applicants to pay the required filing fee based on updated fees under the One Big Beautiful Bill (OBBB) Act. EOIR has stated that EOIR-42A and EOIR-42B have statutorily required filing fees of $700 and $1,600, respectively, under the One Big Beautiful Bill (OBBB) Act. The prior versions of both forms listed a $100 filing fee. The draft of EOIR-42B states the fee as $1,500, rather than $1,600 as stated in EOIR's prior memorandum.
    • Removes references to INA § 101(a)(43) when using the term "aggravated felony," without replacing it with another statutory definition.
    • Removes references to "medical records" among examples of "[d]ocuments which may show evidence of your physical presence in the United States.
    • Changes instructions that applicants submit "conviction records, if any" to "police records."
    • Instructs applicants to submit "reproductions" instead of "copies" of documents where applicants would like the originals returned to them.
    • Changes "gender" to "sex," and changes the input field from a text box to a checkbox, providing only "male" and "female" options.
    • Changes the "national ID/passport number" field to "Social Security Number."
    • Changes all references to "place or area or port or city and state of" departure or return to "port of" departure/return
    • Removes ability to list divorced status and removes "current" when referring to the applicant's spouse
    • Adopts a requirement that neither document may be signed except in the presence of an immigration judge, who must sign and date the document, while the former versions required only the applicant's signature
    • Removes the option to serve the document on DHS via email, rather than in person or via first-class mail

    The revisions also include non-substantive changes such as changing all references to "permanent residents" to "permanent resident aliens" and references to "noncitizens" to "aliens," adding a Privacy Act notice, and a field for the form expiration date. EOIR-42B has also been revised to add an email address, EOIR.PRA.Comments@usdoj.gov, where the DOJ can receive comments regarding the form.

    Comments were accepted for 60 days until October 6, 2025.

    Trump 2.0 [ID #1910]

    2025.08.05 EOIR - Agency Information Collection Activities; Application for Cancellation of Removal (EOIR-42A) for Certain Permanent Residents; Application for Cancellation of Removal and Adjustment of Status (EOIR-42B) for Certain Nonpermanent Residents 2025.07 EOIR-42A Application for Cancellation of Removal for Certain Permanent Residents 2025.07 EOIR-42B Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents
  2. Subsequent Trump and Court Action

    November 21, 2025

    2025.11.21 EOIR - EOIR-42 Supporting Statement

    EOIR submitted a supporting statement detailing changes to forms EOIR-42A and EOIR-42B.

    View Document
  3. Subsequent Trump and Court Action

    November 21, 2025

    2025.11.21 EOIR 90 FR 52708 - Agency IC Activities, Forms EOIR-42A and EOIR-42B

    EOIR published a 30-day notice submitting the changes detailed in this entry to the Office of Management and Budget (OMB). OMB is accepting comments until December 22, 2025.

    View Document

Current Status

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