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  • May 18, 2026

How to Fill Out DOJ Form EOIR-42A (w/Examples) + FAQs

Form EOIR-42A is the official application a lawful permanent resident (LPR) files in immigration court to ask for cancellation of removal under INA Section 240A(a). You fill it out when you are in removal proceedings and want a judge to let you keep your green card despite a ground of deportability or inadmissibility.

The stakes are huge because only 4,000 grants are available each fiscal year across both the 42A and 42B forms combined, and a denial usually means deportation. According to the EOIR FY2024 Statistics Yearbook, immigration judges decided more than 30,000 cancellation applications last year, with grant rates varying widely by court.

Here is what you will learn in this guide:

  • 📝 How to complete every Part of Form EOIR-42A line by line
  • ⚖️ How the stop-time rule, Lozada motions, and discretion shape your case
  • 👨‍👩‍👧 Real named examples for LPRs with convictions, hardship, and family ties
  • 🚫 The 7+ filing mistakes that sink most EOIR-42A cases
  • 💵 The exact fees, biometrics steps, and service rules you must follow

What Form EOIR-42A Actually Does

Form EOIR-42A is the Application for Cancellation of Removal for Certain Permanent Residents. The form lets an immigration judge cancel your removal if you meet three statutory requirements found in INA §240A(a). You must show you have been an LPR for at least five years, have lived in the United States continuously for at least seven years after being admitted in any status, and have not been convicted of an aggravated felony.

The plain-English meaning is simple. You are asking the judge to wipe away the removal order and let you keep your green card. The consequence of skipping this form when you qualify is that the judge orders you removed, and you may face a permanent bar to re-entry under INA §212(a)(9)(A). For example, Maria, an LPR for 12 years with one old shoplifting conviction, files EOIR-42A to keep her status after ICE places her in proceedings.

A common misconception is that EOIR-42A works like a green card renewal. It does not. This is a discretionary remedy heard only inside immigration court, and the judge weighs your equities against the negatives every single time, as explained in Matter of C-V-T-, 22 I&N Dec. 7 (BIA 1998).

Who Qualifies Under Federal Law

You qualify if you check three boxes under the statute. First, you held LPR status for at least five years before filing. Second, you accrued seven years of continuous residence after any lawful admission, which can include time on a student or visitor visa before you adjusted status. Third, you have no aggravated felony conviction as defined in INA §101(a)(43).

The consequence of failing any prong is automatic statutory ineligibility, and the judge cannot grant relief no matter how sympathetic your case is. Carlos became an LPR in 2019 and was placed in proceedings in 2023, so he is not yet eligible because he has only four years of LPR status. A common misconception is that time as an LPR counts toward the seven years of continuous residence on its own. It does not, because the seven-year clock starts at any lawful admission, not at adjustment.

How EOIR-42A Differs From EOIR-42B

EOIR-42A is for LPRs, while EOIR-42B is for non-LPRs who must show 10 years of continuous physical presence and exceptional and extremely unusual hardship. The 42A is generally easier to win because the legal standard does not require hardship, and the judge focuses on equities and rehabilitation. The consequence of filing the wrong form is rejection by the court and possible loss of filing fees.

A real example is Aisha, an LPR for nine years who mistakenly filed EOIR-42B because her attorney misread the case. The judge rejected the filing, and she lost months of preparation time. The misconception is that you can file both at once as a hedge. You cannot, because each form has separate eligibility rules and separate fee receipts.

Step-by-Step Walkthrough of Form EOIR-42A

The current edition of Form EOIR-42A is available on the EOIR forms page and runs 12 pages plus instructions. You must file the original with the immigration court, serve a copy on the ICE Office of the Principal Legal Advisor, and submit biometrics through USCIS. The filing fee is $100 plus an $85 biometrics fee, payable by check or money order under 8 CFR §1003.24.

The plain-English breakdown is that each Part of the form asks for a different category of information. The consequence of leaving any field blank is that the judge may deem the application abandoned under 8 CFR §1003.31(c). For example, Daniel left Part 5 blank because he thought “moral character” was optional, and the judge pretermitted his case at the master calendar hearing.

A common misconception is that you can write “N/A” for everything that does not apply. The safer practice is to write “None” or “Not applicable” with a brief explanation so the record is clear.

Part 1: Information About You

Part 1 asks for your name, A-number, address, country of birth, and immigration history. Use the exact name on your green card, and list every alias you have ever used, including maiden names and nicknames you used on prior filings. Your A-number is the nine-digit alien registration number on your green card and Notice to Appear (NTA).

The consequence of giving an inconsistent name is that ICE may impeach your credibility at the merits hearing. Linda Garcia-Lopez, who filed as “Linda Lopez” on her N-400 years earlier, must list both names to avoid contradiction. List your date of admission as an LPR using the I-551 stamp date, not the date the card was mailed. A common misconception is that you should hide arrests that did not lead to convictions. You should not, because the FBI background check will show every arrest, and concealment is itself a negative discretionary factor.

Part 2: Information About Your Spouse and Children

Part 2 captures every spouse, current and former, and every child, biological, adopted, or stepchild. Include their names, A-numbers if any, dates of birth, immigration status, and current addresses. The consequence of omitting a child, even one estranged, is that the judge may find you not credible.

Robert, an LPR with two U.S. citizen kids and one child from a prior marriage in Honduras, must list all three. Hardship to qualifying relatives is not required for 42A, but family ties remain a major positive factor in discretion. A common misconception is that adult children do not count. They do, because adult U.S. citizen children are still equities, especially if they depend on you financially or emotionally.

Part 3: Residence and Employment History

Part 3 asks for every address and every job for the past 10 years or since you entered the U.S., whichever is shorter. Gaps are red flags, so list every period precisely with month and year. The consequence of a gap is that the judge may suspect undisclosed travel abroad that breaks the seven-year continuous residence clock under the stop-time rule.

Priya, who lived briefly with a friend between leases, should still list that address with “lived with friend” as the explanation. Tax returns, W-2s, and pay stubs back up your employment list. A common misconception is that under-the-table work should be hidden. Disclosing it is usually better, because tax compliance is a moral character factor, and you can amend prior returns through Form 1040-X.

Part 4: Information About Service in the U.S. Armed Forces

Part 4 covers military service, including the branch, dates, and discharge type. An honorable discharge is a strong positive equity, while a dishonorable discharge can be a negative factor. The consequence of false statements about service is a separate federal crime under 18 U.S.C. §704.

Sergeant Kim, a green card holder who served in Iraq, attaches his DD-214 as Exhibit A. Veterans may also be eligible for naturalization under INA §328 or §329, which can moot removal entirely. A common misconception is that ROTC or National Guard time does not count. It often does, especially for Selective Service registration evidence.

Part 5: Information About Your Moral Character

Part 5 lists every arrest, charge, citation, and conviction, plus questions about controlled substances, prostitution, smuggling, and terrorism. You must answer every question truthfully and attach certified court dispositions for each criminal matter. The consequence of an omission is fatal to credibility and can trigger the bar in INA §101(f).

Thomas, who has a 2010 DUI and a 2015 disorderly conduct, must list both with certified dispositions. Expunged convictions still count for immigration purposes under Matter of Roldan, 22 I&N Dec. 512 (BIA 1999). A common misconception is that traffic tickets do not matter. Some do, especially DUIs, reckless driving, and driving without a license, which judges consider in the totality of circumstances.

Part 6: Information About This Application

Part 6 asks why you deserve a favorable exercise of discretion and what hardship you and your family would face if removed. While hardship is not a statutory requirement for 42A, it remains a huge discretionary factor. The consequence of a thin Part 6 narrative is that the judge defaults to denial because the burden of proof is on you under 8 CFR §1240.8(d).

Elena, the primary caregiver for her elderly U.S. citizen mother with Alzheimer’s, attaches medical records and a psychological evaluation. List rehabilitation evidence such as AA attendance, therapy, and employer letters. A common misconception is that the form’s small text box is enough. It is not, because you should attach a detailed declaration as a separate exhibit.

Part 7: Signature and Certification

Part 7 requires your signature under penalty of perjury and the preparer’s signature if someone helped you. The consequence of an unsigned form is automatic rejection by the court clerk. Attorney Lopez signs as preparer and lists her EOIR ID number.

A common misconception is that you can sign electronically. Most courts still require a wet ink signature on the original filed with the court, even though ECAS electronic filing is now widespread. Always check your local Immigration Court Practice Manual for current rules.

Three Common Filing Scenarios

Real cases rarely fit a single template, so the table below shows three of the most common 42A fact patterns and what happens in each.

Filing Situation Likely Outcome
LPR for 20 years with one 2008 misdemeanor theft, U.S. citizen spouse and kids, steady employment Strong grant likelihood with thorough rehabilitation evidence
LPR for 8 years with two DUIs and a domestic violence conviction within the last 3 years High denial risk absent extraordinary equities and rehabilitation
LPR for 6 years with no convictions but one 9-month trip abroad in year 4 Stop-time and continuous residence challenges require careful pleading

These patterns appear repeatedly in published BIA decisions and shape how judges weigh equities. The consequence of misreading your own pattern is filing without a strategy, which almost guarantees denial.

Scenario Deep Dive: The Stop-Time Rule

The stop-time rule in INA §240A(d)(1) ends your accrual of continuous residence the moment you commit a removable offense or are served an NTA. The Supreme Court clarified in Niz-Chavez v. Garland, 593 U.S. 155 (2021) that a single complete NTA is required to trigger the rule. The consequence is that a defective NTA may not stop your clock.

Javier, served an NTA missing the hearing date, may argue his clock kept running until a complete charging document was filed. This argument has won in many courts after Niz-Chavez. A common misconception is that any government document stops the clock. It does not, because only a statutorily compliant NTA triggers stop-time.

Scenario Deep Dive: The Lozada Motion

If a prior attorney botched your case, you may file a motion to reopen under Matter of Lozada, 19 I&N Dec. 637 (BIA 1988). The three Lozada requirements are an affidavit detailing the agreement with prior counsel, evidence that you notified the prior attorney, and proof you filed a bar complaint. The consequence of skipping any prong is denial of the motion as procedurally defective.

Nadia hires new counsel after her prior attorney missed her individual hearing, and she files a Lozada motion within the 90-day reopening window. A common misconception is that ineffective assistance alone reopens cases. It does not, because you must also show prejudice, meaning a reasonable likelihood of a different outcome.

Mistakes to Avoid on EOIR-42A

The following errors are the most common reasons judges deny otherwise winnable EOIR-42A cases, drawn from EOIR adjudication trends.

  • Filing the wrong edition. Using an outdated form leads to rejection by the clerk under the Immigration Court Practice Manual Chapter 3.
  • Skipping the biometrics appointment. No biometrics means no security clearance, and the judge will deny on that basis alone.
  • Listing only convictions, not arrests. Omitting arrests destroys credibility once the FBI rap sheet surfaces.
  • Forgetting to serve ICE OPLA. Failure to serve the opposing party violates 8 CFR §1003.32 and can lead to striking the filing.
  • Hiding tax issues. Unfiled returns are a moral character problem, and judges expect a transcript of account from IRS.
  • Using vague hardship language. Generic statements like “my family will suffer” carry no weight without medical, school, and financial records.
  • Missing the 15-day deadline. Many courts impose a call-up order under local rules requiring submission well before the merits hearing.
  • Mixing up A-numbers for family. A wrong A-number for a spouse or child invites cross-examination on credibility.
  • Failing to update an address. Form EOIR-33 must be filed within five working days of any move.

Each mistake has the same consequence in the end. The judge either pretermits your case or denies it on discretion, and you face a removal order that triggers the 10-year unlawful presence bar.

Do’s and Don’ts for EOIR-42A Filers

Strategy matters as much as paperwork on this form. The following list captures the rules that experienced immigration practitioners follow on every 42A case.

  • Do attach a detailed personal declaration, because judges weigh narrative evidence heavily under Matter of A-S-B-, 24 I&N Dec. 493 (BIA 2008).
  • Do gather certified court dispositions for every arrest, since uncertified records may be excluded under the Federal Rules of Evidence.
  • Do file biometrics early, because USCIS ASC appointments can take weeks to schedule.
  • Do include letters of support from employers, clergy, and community members, all notarized and dated within six months.
  • Do prepare for cross-examination on every line of the form, because ICE attorneys read it word for word.

The flip side is just as critical, and skipping any of these can cost you the case entirely.

  • Don’t file without checking the aggravated felony list, because one aggravated felony is a complete statutory bar.
  • Don’t lie about anything, because 18 U.S.C. §1546 makes false statements a federal crime with up to 10 years in prison.
  • Don’t ignore the stop-time rule, because a 2003 conviction can destroy 2024 eligibility.
  • Don’t miss the filing deadline, because untimely filings are routinely rejected.
  • Don’t represent yourself if you can avoid it, because the BIA’s pro bono list shows free options exist in most cities.

Pros and Cons of Filing EOIR-42A

Every legal remedy has tradeoffs, and 42A is no different. Below are the practical advantages and disadvantages every applicant should weigh before filing.

Pros include:

Cons include:

  • One-time-only relief because INA §240A(c)(6) bars a second cancellation grant in your lifetime.
  • Discretionary, not mandatory, so even eligible applicants can lose under the C-V-T- balancing test.
  • National cap of 4,000 grants per fiscal year can delay decisions when judges hit the ceiling.
  • Requires full disclosure of every arrest, which can feel invasive.
  • Long wait times, with median case completion of 1,000+ days in many busy courts.

Filing Logistics, Fees, and Biometrics

You file the original EOIR-42A with the immigration court that has jurisdiction over your case and serve a copy on ICE OPLA. The filing fee is $100, paid by check or money order to “United States Department of Justice,” and biometrics cost an additional $85, paid to “U.S. Department of Homeland Security.” The consequence of paying the wrong agency is rejection of the filing.

Maya mailed both checks to DOJ and had her biometrics request kicked back, costing her three weeks. The biometrics process happens at a USCIS Application Support Center, and you must bring the appointment notice and a government ID. A common misconception is that biometrics are good forever. They are not, because they expire after 15 months and may need to be retaken under USCIS Policy Manual Volume 1.

Service on ICE OPLA

You must serve a complete copy of the application and all exhibits on the ICE OPLA office handling your case. Service is by mail or by ECAS electronic service where available. The consequence of defective service is that the judge may strike the filing entirely.

Attorney Patel uses certified mail with return receipt for every filing to create a bulletproof service record. A common misconception is that emailing the ICE attorney is enough. It usually is not, because formal service requires the procedures in 8 CFR §1003.13.

Filing Deadlines and Call-Up Dates

Most immigration courts set a “call-up” deadline of 15 days before the individual merits hearing for filing the application and supporting documents. The consequence of missing it is waiver of the right to submit late evidence, absent good cause shown. Omar’s attorney filed two days late and had to fight a motion to strike.

A common misconception is that the day of the hearing counts as a filing day. It does not, because the Practice Manual computes deadlines in calendar days excluding the day of the event.

State-Level Nuances That Affect EOIR-42A

While immigration law is federal, state criminal records drive the moral character and discretion analysis on every 42A case. California’s Penal Code §1473.7 lets noncitizens vacate convictions that had immigration consequences they did not understand. The consequence of a successful 1473.7 motion is that the conviction is treated as legally invalid for immigration purposes under Matter of Pickering, 23 I&N Dec. 621 (BIA 2003).

New York’s CPL §440.10 provides similar post-conviction relief, and Washington offers LUPA-style vacatur for certain misdemeanors. Hector in Los Angeles vacates a 2012 burglary conviction under §1473.7 before filing his 42A, removing a major negative factor. A common misconception is that any state expungement helps. It does not, because Roldan holds rehabilitative expungements do not eliminate immigration consequences.

Marijuana Conviction Nuances

State-legal marijuana is still federally illegal under the Controlled Substances Act. A single conviction for possession of 30 grams or less of marijuana for personal use does not trigger the inadmissibility bar, but trafficking convictions can be aggravated felonies. The consequence of a misclassified marijuana case is a permanent statutory bar.

Tasha in Colorado has a 2019 possession-with-intent conviction that, even after state-level decriminalization, remains a removable offense. A common misconception is that a governor’s pardon erases immigration consequences. It does not for drug crimes, because INA §237(a)(2)(A)(vi) limits the pardon waiver to certain non-drug offenses.

Frequently Asked Questions (FAQs)

Can I file EOIR-42A if I have an aggravated felony?

No. An aggravated felony is a complete statutory bar to 42A relief under INA §240A(a)(3), and the immigration judge has no authority to grant cancellation regardless of equities.

Do I need to show hardship to qualify for 42A?

No. Hardship is not a statutory requirement for 42A, unlike 42B, but documenting hardship still strengthens the discretionary balancing under Matter of C-V-T-.

Can I file EOIR-42A more than once in my life?

No. INA §240A(c)(6) bars a second grant of cancellation, so you only get one shot at this remedy.

Does time as a student or visitor count toward my 7 years?

Yes. Any lawful admission starts the seven-year continuous residence clock under Matter of Blancas, 23 I&N Dec. 458 (BIA 2002), even if you later adjusted to LPR status.

Will an old DUI ruin my chances?

No. A single old DUI is usually not fatal, though multiple DUIs can be a major negative factor under Matter of Castillo-Perez, 27 I&N Dec. 664 (AG 2019).

Do I need a lawyer for EOIR-42A?

No. You can represent yourself, but the pro bono provider list shows free counsel is available in most cities and dramatically improves outcomes.

Can I appeal a denial of EOIR-42A?

Yes. You may appeal to the Board of Immigration Appeals within 30 days of the judge’s decision, though discretionary denials are hard to overturn.

Does an expunged conviction still count?

Yes. Matter of Roldan holds that rehabilitative expungements do not eliminate immigration consequences, although true vacaturs on legal grounds do.

Can I work while my EOIR-42A is pending?

Yes. Your green card remains valid while the case is pending, so you keep work authorization unless and until a final removal order is entered against you.

Does filing EOIR-42A stop my removal hearing?

No. The hearing continues on schedule, but the judge will set an individual merits date to decide your application alongside any other relief you request.

Will the 4,000 cap delay my decision?

Yes. Once the annual cap is reached, judges issue conditional grants and reserve final orders until the next fiscal year begins on October 1.

Can my U.S. citizen spouse petition for me instead?

Yes. A pending or approved I-130 petition can support a motion to terminate proceedings so you adjust status outside court, sometimes a stronger path than 42A.

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