Form EOIR-40 PDF Details

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.

QuestionAnswer
Form NameForm EOIR-40
Form Length12 pages
Fillable?Yes
Fillable fields390
Avg. time to fill out60+ min
Edition03/2026
Issuing agencyExecutive Office for Immigration Review
Matches the agency's fileYes, checked October 4, 2026
Other namesEOIR-40, EOIR 40, Form EOIR-40, Application for Suspension of Deportation
Official sourceForm EOIR-40 (Rev 03/2026), Executive Office for Immigration Review