[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

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.