Form EOIR-40, Application for Suspension of Deportation, is the pre-IIRIRA precursor to today's Cancellation of Removal. Following the 1996 IIRIRA amendments, "suspension of deportation" was generally replaced by "cancellation of removal" (Forms EOIR-42A / EOIR-42B). EOIR-40 still applies in a narrow group of cases — most commonly NACARA §203 applicants (certain Nicaraguan, Cuban, Salvadoran, Guatemalan, and former-Soviet-bloc nationals who entered the US by specified dates), and people whose proceedings were begun before April 1, 1997.
Who still files EOIR-40
- NACARA §203 applicants who meet the country, entry-date, and registration requirements.
- Noncitizens whose deportation proceedings (not removal proceedings) were initiated before April 1, 1997, and who continue to seek the older relief.
- Other narrow categories preserved by statute or settlement (e.g. ABC class members).
Most modern cases instead file Form EOIR-42A (LPRs) or EOIR-42B (non-LPRs) — see those pages. If you are unsure which form applies, ask a licensed immigration attorney; misfiling can prejudice the case.
What we prepare
- Form EOIR-40 with biographic, family, presence, and good-moral-character data accurately completed.
- Form EOIR-28 notice of representation if a licensed attorney is appearing.
- Filing fee or fee waiver (Form EOIR-26A) where applicable.
- NACARA §203 eligibility evidence (when applicable) — country and entry-date evidence, prior registration (e.g. ABC, TPS, asylum application by required date).
- Continuous physical presence evidence (7 years under the older standard) — tax returns, lease, utility, school, medical, and employment records.
- Good-moral-character evidence — clean record and certified disposition for any criminal incident.
- Extreme hardship evidence — note that the old "extreme hardship" standard applies under EOIR-40, not the newer "exceptional and extremely unusual" standard of EOIR-42B.
- Witness list and exhibit index per the EOIR Practice Manual.
What we do not do
Imverica does not represent clients in immigration court. Suspension of deportation involves legal argument about pre-IIRIRA eligibility, NACARA class membership, and judicial discretion — that is the practice of law and requires a licensed attorney or BIA-accredited representative. As a California Legal Document Assistant and Immigration Consultant, we accurately prepare EOIR-40 and the evidence packet under your attorney's direction. We refer cases without counsel to our network of California immigration attorneys experienced in NACARA and other pre-IIRIRA matters.
Statutory authority: Pre-IIRIRA INA §244 (suspension of deportation, as preserved by IIRIRA §309(c) transition rules); NACARA §203, Pub. L. No. 105-100, §203 (1997); EOIR Practice Manual. Court representation requires a licensed attorney or BIA-accredited representative.