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Justice Department Proposes Revisions to Cancellation of Removal Forms EOIR-42A and EOIR-42B, Seeks Public Comment

🇺🇸 United StatesConsultations1 recorded versionLast change 20 Aug 2026
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Current rules

The Executive Office for Immigration Review (EOIR) is revising Form EOIR-42A (Application for Cancellation of Removal for Certain Permanent Residents) and Form EOIR-42B (Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents). Question 21 on both forms will be generalised to cover various visa types. Within Part 7, fields collecting information irrelevant to an immigration judge's discretion will be removed. Part 9 will be modified to collect the applicant's signature and affirmation at the time of filing. Non-substantive changes include updating electronic filing fee information, improving text formatting for organisation, clarity, and readability, and revising the Advice to Applicants, Instructions, and form questions to align more closely with the Immigration and Nationality Act (INA).

Overview

The Department of Justice (DOJ) has issued new regulations, effective 31 July 2026, that formalise the process for the public to submit petitions for rulemaking and how the DOJ will consider these petitions. This update aims to provide clarity and structure for public engagement in the regulatory process, covering general provisions, petition requirements, and internal review procedures.

Who is affected by the latest change

  • Individuals in removal proceedings before the Executive Office for Immigration Review (EOIR) who have been told they must leave the United States and are asking to cancel their removal
  • Permanent residents who are applying to cancel their removal using Form EOIR-42A
  • Nonpermanent residents who are applying to cancel their removal and adjust their status using Form EOIR-42B

What changed in the latest version

Before

The old versions of Form EOIR-42A and Form EOIR-42B asked applicants for details in Question 21 and Part 7. These details included specific visa types and other information. This information was not needed for an immigration judge to make a decision. The forms also asked for a signature and confirmation for Part 9 at a time that was not clearly stated in the application process.

After

The Executive Office for Immigration Review (EOIR) is changing Form EOIR-42A (Application for Cancellation of Removal for Certain Permanent Residents) and Form EOIR-42B (Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents). Question 21 on both forms will become more general. It will cover many different types of visas. Part 7 will no longer ask for information that an immigration judge does not need to make a decision. Part 9 will change. It will now require the applicant's signature and confirmation when they first submit the form. Small changes also include updated information about electronic filing fees. Text formatting will improve for better organisation, clarity, and readability. The 'Advice to Applicants', 'Instructions', and form questions will also be updated. These changes will make them match the Immigration and Nationality Act (INA) more closely.

These changes to the forms are important. They aim to make the application process simpler for people facing removal proceedings in the United States. Removing unnecessary information requests and making instructions clearer may help applicants complete their forms correctly. This could also reduce administrative work. The rule to sign and confirm the form when it is first submitted makes a key step clearer. This ensures the form is submitted properly. The fees to file remain the same: £710 for Form EOIR-42A and £1,649 for Form EOIR-42B. However, these changes could affect how legal professionals prepare cases and how immigration judges decide them. This is because the forms will focus on information that matters for legal eligibility and other important factors.

Explained simply

Imagine you're filling out a really important form to stay in the U.S., but some questions feel unnecessary or confusing. The government's immigration office (EOIR) is now suggesting making those forms a bit simpler and clearer. They want to remove some questions that aren't really needed and make others easier to understand, especially about how you first came into the country. They also want to make sure you sign the form right when you hand it in. Before they make these changes final, they're asking everyone, including you, for ideas and opinions until 19 October 2026.

Frequently asked

Version history

  1. v3Amended 20 Aug 2026ConsultationMedium impact
    Justice Department Proposes Revisions to Cancellation of Removal Forms EOIR-42A and EOIR-42B, Seeks Public Comment

    The Executive Office for Immigration Review (EOIR) plans to change two main immigration forms. Form EOIR-42A is for permanent residents who want to cancel their removal. Form EOIR-42B is for nonpermanent residents who want to cancel their removal and adjust their immigration status. The changes aim to make the forms simpler. Question 21 will cover different visa types instead of specific ones. Part 7 will remove fields that ask for details an immigration judge does not need to make a decision. Part 9 will be updated to make sure applicants sign and confirm the form when they first submit it. These changes also include small formatting and clarity improvements. These updates will make the forms match the Immigration and Nationality Act (INA). People can give their comments on these changes until 19 October 2026.

Timeline

  1. Action deadline

    19 Oct 2026

    Review the proposed revisions to forms EOIR-42A and EOIR-42B once they are made available by the Department of Justice.

  2. Announced

    20 Aug 2026

    The Department of Justice (DOJ) is proposing revisions to forms EOIR-42A and EOIR-42B, which are used for cancellation of removal applications by certain permanent and nonpermanent residents. This initiative opens a 60-day public comment period, ending 19 October 2026, allowing stakeholders to provide feedback on the proposed changes to these critical immigration forms. The revisions aim to updat

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