EOIR-40 Application for Suspension of Deportation

The pre-1997 relief for people in deportation proceedings that began before the 1996 law took effect. It asks the judge to suspend deportation on the basis of long residence, good moral character, and extreme hardship. Almost everyone else uses Form EOIR-42A or EOIR-42B instead.

EOIREdition Revised March 2026Paper only

Fee: $710, plus a $30 per person DHS biometric services fee
Fee waiver: Available (Form I-912)
Who files: Respondents in old deportation proceedings, and NACARA class members.
Where to file: With the immigration court, or uploaded through the ECAS Case Portal. Fees go through the EOIR Payment Portal.

Usually filed with

Part of these processes

Defending a removal caseCourt and appeals

What changed in 2025 and 2026

Revised March 2026. It applies only to deportation proceedings that began before April 1, 1997.

Official page. https://www.justice.gov/eoir/eoir-forms. Download the form there, never from a third-party site; check the edition date and fee before filing.