Department of Justice Seeks Public Comments on Immigration Forms

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Department of Justice Seeks Public Comments on Immigration Forms

The Executive Office for Immigration Review (EOIR) at the Department of Justice (DOJ) has announced a request for public comments on two important immigration forms. The forms are used for people in removal proceedings who want to stay in the United States.

The two forms are:

  • Form EOIR-42A (Application for Cancellation of Removal for Certain Permanent Residents)
  • Form EOIR-42B (Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents)

These forms help the government decide if a person should be allowed to stay in the country even if they are removable.

Why Comments Are Needed

EOIR wants the public, especially those affected, to comment on whether the forms collect the right information and are easy to use. Comments can also suggest ways to make the process clearer or faster. The goal is to make sure these forms help the agency do its work well.

How to Comment

Anyone who wants to comment has 60 days, until October 6, 2025. People can ask for more information or share thoughts about the time and effort required to fill out the forms.

Questions or requests for more details can be sent to:

Justine Fuga
Associate General Counsel
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 2600
Falls Church, VA 22041
Phone: (703) 305-0265

Key Details About the Forms

According to U.S. law, people who are being removed from the United States may ask the Attorney General to cancel their removal. To receive this help, the person must show they meet requirements in the law. The forms let EOIR collect all necessary information.

Changes Being Made

The EOIR will update the forms in several ways:

  • Update information about filing fees
  • Add a Privacy Act Notice
  • Show the expiration date for approval on each form
  • Make small formatting changes so the forms are easier to read

Who Will Use These Forms?

The forms are for individuals in court proceedings who are at risk of being removed from the United States. Completing the forms helps decide if they can stay.

How Many People Will Use the Forms and How Long It Takes

Each year:

  • About 1,519 people will fill out Form EOIR-42A
  • About 15,757 people will fill out Form EOIR-42B

It takes about 5 hours and 50 minutes for a person to complete each form.

Total Hours People Will Spend

  • For Form EOIR-42A: About 8,856 hours
  • For Form EOIR-42B: About 91,865 hours

Estimated Costs

The government also shared the expected cost for filling out these forms. This includes:

  • The average cost for hiring a lawyer or practitioner
  • The cost to file each form

For Form EOIR-42A:

  • Practitioner cost: $408 per response
  • Filing fee: $700 per response
  • Total annual responses: 1,519
  • Total public cost: $1,683,912 each year

For Form EOIR-42B:

  • Practitioner cost: $408 per response
  • Filing fee: $1,600 per response
  • Total annual responses: 15,757
  • Total public cost: $31,640,056 each year

The forms can be submitted electronically, so printing or mailing costs can be zero.

How These Costs Are Calculated

Costs include lawyers’ fees as estimated by the Bureau of Labor Statistics, and the required government form fees.

Further Information

Anyone needing more information can contact:

Darwin Arceo
Department Clearance Officer
Justice Management Division
United States Department of Justice
Two Constitution Square
145 N Street NE, 4W-218
Washington, DC

This update was signed by Darwin Arceo of the U.S. Department of Justice on August 1, 2025.


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