You must establish extreme hardship, or exceptional and extremely unusual hardship if you are deportable under paragraphs (2), (3), or (4) of former section 241(a) of the INA.
Law: to apply for suspension of deportation under former section 244 of the INA, you must fully and accurately answer all questions on the attached Form EOIR-40.
Removal proceedings: this relief may not be available to individuals in removal proceedings.
Answers: your responses must be typed or printed legibly in ink. Do not leave any questions unanswered or blank.
Filing: you must file your application with the appropriate Immigration Court.
| Question | Answer |
|---|---|
| Form Name | Form EOIR-40 |
| Form Length | 12 pages |
| Fillable? | Yes |
| Fillable fields | 390 |
| Avg. time to fill out | 60+ min |
| Edition | 03/2026 |
| Issuing agency | Executive Office for Immigration Review |
| Matches the agency's file | Yes, checked October 4, 2026 |
| Other names | EOIR-40, EOIR 40, Form EOIR-40, Application for Suspension of Deportation |
| Official source | Form EOIR-40 (Rev 03/2026), Executive Office for Immigration Review |
Form Eoir 40 isn’t the one you’re looking for?