Application for Cancellation of Removal (42a) for Certain Permanent Residents; (42b) and Adjustment of Status for Certain Nonpermanent Residents

Forms and Documents

Document Name	Status
Form EOIR-42b Application for Cancellation of Removal (42a) for Certain Permanent Residents; (42b) and Adjustment of Status for Certain Nonpermanent Residents Form and Instruction	Modified
Written narrative of changes final.doc Supplementary Document	2012-03-01
Amendatory text to 42B re criminal penalties final.doc Supplementary Document	2012-03-01
E-42b_Plain_Language_Act_changes final.pdf Supplementary Document	2012-03-01
E-42a_Plain_Language_Act_changes final.pdf Supplementary Document	2012-03-01
Authority.pdf Supplementary Document	2011-11-07
E-42ab 83-i.pdf Supplementary Document	2011-11-07
Paperwork Certification.pdf Supplementary Document	2011-11-07
Supporting Statement.pdf Supporting Statement A	2011-11-07

IC Document Collections

IC ID	Document Title	Status
12667	Application for Cancellation of Removal (42a) for Certain Permanent Residents; (42b) and Adjustment of Status for Certain Nonpermanent Residents Form and Instruction	Modified

ICR Details

OMB Control No: 1125-0001	ICR Reference No: 201111-1125-001
Status: Historical Active	Previous ICR Reference No: 200808-1125-001
Agency/Subagency: DOJ/EOIR	Agency Tracking No: EOIR-42ab
Title: Application for Cancellation of Removal (42a) for Certain Permanent Residents; (42b) and Adjustment of Status for Certain Nonpermanent Residents
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 07/09/2012
	Date Received in OIRA: 03/07/2012
Terms of Clearance: This collection is approved for 2 years while EOIR continues to work towards making the collection fully electronic.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2014	36 Months From Approved	07/31/2012
Responses	25,627	0	12,000
Time Burden (Hours)	149,405	0	69,960
Cost Burden (Dollars)	0	0	0

---

Abstract: This information collection is necessary to determine the statutory eligibility for cancellation of removal of individual aliens determined to be removable from the U.S. and to provide information relevent to a favorable exercise of discretion.

---

Authorizing Statute(s): US Code: 8 USC 1229b Name of Law: IMMIGRATION AND NATIONALITY
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 70754	11/15/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 3004	01/20/2012
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Application for Cancellation of Removal (42a) for Certain Permanent Residents; (42b) and Adjustment of Status for Certain Nonpermanent Residents	EOIR-42b, EOIR-42a	Application for Cencellation of Removal and Adjustment of Status for Certain Nonpermanent Residents ,   Application for Cancellation of Removal for Certain Permanent Residents

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	25,627	12,000	0	0	13,627	0
Annual Time Burden (Hours)	149,405	69,960	0	0	79,445	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There is an approximate 114% increase in total burden hours, to an estimated 149,405 burden hours, due to both an increase in the number of applicants and a change in EOIR's database program. Under EOIR's new system, the number of applications is more accurately recorded. The annual response number of 25,627 was reached by averaging the total number of forms received during the past three fiscal years. There is no change in burden hours per form at this time due to the agency-initiated program change. The present burden hours are 69,960.

---

Annual Cost to Federal Government: $33,315

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/07/2012

---