Application For Suspension Of Deportation {EOIR-40}

EOIR-40 - Application For Suspension Of Deportation. This form is used by certain noncitizens in deportation proceedings to request relief under former Section 244 of the Immigration and Nationality Act (INA). This form allows eligible applicants to apply for permanent resident status if they can demonstrate that they have been continuously physically present in the United States for at least seven years, have maintained good moral character during that time, and that their deportation would cause extreme hardship to themselves or to qualifying family members who are U.S. citizens or lawful permanent residents. There are exceptions to the seven-year requirement, including for individuals who have served in the U.S. Armed Forces or those who have suffered battery or extreme cruelty by a qualifying relative. The application involves submitting extensive documentation to prove physical presence, good moral character, and hardship, as well as compliance with biometric and filing requirements. Certain individuals, such as those who entered as crewmen after June 30, 1964, or those subject to specific immigration or criminal bars, are ineligible. The application must be filed with the Immigration Court and served on the Department of Homeland Security, and is only available to individuals in proceedings under laws applicable before April 1, 1997, prior to the implementation of current removal procedures under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). www.FormsWorkflow.com