[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR240.63]

[Page 448]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 240_PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED 
STATES--Table of Contents
 
  Subpart H_Applications for Suspension of Deportation or Special Rule 
      Cancellation of Removal Under Section 203 of Pub. L. 105-100
 
Sec. 240.63  Application process.

    (a) Form and fees. Except as provided in paragraph (b) of this 
section, the application must be made on a Form I-881, Application for 
Suspension of Deportation or Special Rule Cancellation of Removal 
(pursuant to section 203 of Public Law 105-100 (NACARA)), and filed in 
accordance with the instructions for that form. An applicant who 
submitted to EOIR a completed Form EOIR-40, Application for Suspension 
of Deportation, before the effective date of the Form I-881 may apply 
with the Service by submitting the completed Form EOIR-40 attached to a 
completed first page of the Form I-881. Each application must be filed 
with the filing and fingerprint fees as provided in Sec. 103.7(b)(1) of 
this chapter, or a request for fee waiver, as provided in Sec. 103.7(c) 
of this chapter. The fact that an applicant has also applied for asylum 
does not exempt the applicant from the fingerprinting fees associated 
with the Form I-881.
    (b) Applications filed with EOIR. If jurisdiction rests with the 
Immigration Court under Sec. 260.62(b), the application must be made on 
the Form I-881, if filed subsequent to June 21, 1999. The application 
form, along with any supporting documents, must be filed with the 
Immigration Court and served on the Service's district counsel in 
accordance with the instructions on or accompanying the form. 
Applications for suspension of deportation or special rule cancellation 
of removal filed prior to June 21, 1999 shall be filed on Form EOIR-40.
    (c) Applications filed with the Service. If jurisdiction rests with 
the Service under Sec. 240.62(a), the Form I-881 and supporting 
documents must be filed at the appropriate Service Center in accordance 
with the instructions on or accompanying the form.
    (d) Conditions and consequences of filing. Applications filed under 
this section shall be filed under the following conditions and shall 
have the following consequences:
    (1) The information provided in the application may be used as a 
basis for the initiation of removal proceedings, or to satisfy any 
burden of proof in exclusion, deportation, or removal proceedings;
    (2) The applicant and anyone other than a spouse, parent, son, or 
daughter of the applicant who assists the applicant in preparing the 
application must sign the application under penalty of perjury. The 
applicant's signature establishes a presumption that the applicant is 
aware of the contents of the application. A person other than a relative 
specified in this paragraph who assists the applicant in preparing the 
application also must provide his or her full mailing address;
    (3) An application that does not include a response to each of the 
questions contained in the application, is unsigned, or is unaccompanied 
by the required materials specified in the instructions to the 
application is incomplete and shall be returned by mail to the applicant 
within 30 days of receipt of the application by the Service; and
    (4) Knowing placement of false information on the application may 
subject the person supplying that information to criminal penalties 
under title 18 of the United States Code and to civil penalties under 
section 274C of the Act.