6. FEES.
Before you file your Form EOIR-42A with the Immigration Court, you must pay the required $100 filing fee and the
biometrics fee to the Department of Homeland Security (DHS). Evidence of payment of these fees in the form of a copy
of the DHS, U.S. Citizenship and Immigration Services (USCIS) ASC notice of fee receipt and biometrics appointment
instructions must accompany your Form EOIR-42A. 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-42A
without fee (fee waiver).
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 docu-
ments 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 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.
7. 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):
- a copy of your Form EOIR-42A, Application for Cancellation of Removal, with all supporting docu-
ments and additional sheets;
- a copy of the USCIS ASC notice of fee receipt and biometrics appointment instructions; and
- the original Biographical Information Form G-325A.
You must file the following documents with the appropriate Immigration Court:
- the original Form EOIR-42A with all supporting documents and additional sheets;
- a copy of the USCIS ASC notice of fee receipt and biometrics appointment instructions;
- a copy of the Biographical Information Form G-325A; and
- a completed certificate showing service of these documents (See Part 10 of the Application on page 7)
on the ICE Assistant Chief Counsel, 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.
8. PENALTIES.
You must answer all questions on Form EOIR-42A 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 docu-
ments 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
retain your permanent resident 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.
Form EOIR-42A
Revised July 2014
U.S. Department of Justice
Executive Office for Immigration Review
OMB#ll25-0001
Application for Cancellation of Removal for
Certain Permanent Residents