INSTRUCTIONS
1. PREPARATION OF APPLICATION.
To apply for suspension of deportation under former section 244 of the Immigration and Nationality Act (INA), you must fully and accurately answer all
questions on the attached Form EOIR-40. A separate application must be prepared and executed for each person applying for suspension of deportation.
All applications from a family unit may be submitted together and may be supported by the same documentary evidence, if practicable. 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 each additional sheet, write your alien
registration number, print your name, and sign, date, and securely attach the additional sheet to the Form EOIR-40.
2. BURDEN OF PROOF
.
The burden of proof is on you to prove that you meet all of the statutory requirements for suspension of deportation under former section 244 of the INA
and that you are entitled to such relief as a matter of discretion. To meet this burden, your responses to the questions on the application should be as detailed
and complete as possible. You should also attach to your application any documents that demonstrate your eligibility for suspension of deportation (see
“SUPPORTING DOCUMENTS” below).
3. SUPPORTING DOCUMENTS.
Unless you qualify through military service, you should submit documentary evidence to show that you have maintained
continuous physical presence in
the United States for a 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.
Y
ou 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 suspension of deportation. You should submit police records from each jurisdiction in
which
yo
u 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 you were issued by the Department of Homeland Security (DHS), formerly
the Immigration and Naturalization Service. The Immigration Judge may require you to submit additional records relating to your request for suspension
of deportation. These documents may include, but are not limited to, documents which reflect payment of taxes, court convictions, or payment of child
support during your physical presence in the United States.
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.
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 instruc-
tions on how to complete this requirement.
You will be notified in writing of the location of the 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 furnish all the required information. Failure to comply with this requirement may result in a delay in your application or in your applica-
tion being deemed abandoned and dismissed by the Immigration Court.
Form EOIR-40
Rev. Oct. 2013
U.S. Department of Justice
Executive Office for Immigration Review
Application for Suspension of Deportation
OMB# 1125-0009