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View Full Version : Need help w/ poss. Cancellation of Removal


melissan02
08-12-2007, 03:35 AM
Cancellation of Removal!--Need advice/help-please!

I was wondering if anyone on here has done or tried to do a Cancellation of Removal???
This may have to be an option for me and my husband and I needed some advice/help.
If you have experience, and/or success, with a Cancellation of Removal case, please let me know.

Thanks!

djones9714
08-12-2007, 03:59 AM
There is not a lot of information on cancellation of removal because it carries a higher level of hardship and there are strict requirements that a lot of people cannot meet. However, if my son-in-law is caught before he has to actually leave, we will go this route. I have done a lot of research on this issue and understand how it works. Like I said, it takes a lot of extreme and extraordinary hardship and it will all depend on the Judge. However, if it is denied, then you will have lost nothing except for money and go back to the home country and file the I-601.

melissan02
08-12-2007, 04:08 AM
Well at this point I have nothing to lose. I'm not sure we could even file the I-601 or 212.
My husband came here EWI in 1996
Left (less than 90 days) in 2000 because his father died
EWI again to return to me
Married to me in 2002
Filed our I-130 and I-485 (BIG MISTAKE) from here in the US
*this was upon bad advice from our lawyer
We had our initial interview this past July 2007

Now we face a 10 year bar.
So, Cancellation of Removal may have to be an option when we get to those proceedings.
I would like to lay out my extreme hardship for someone who has some experience and/or advice w/ doing a Cancellation of Removal to see if they think we'd be approved. I realize its basically a "get out of immigration 'jail' free card", but might be worth a try.

djones9714
08-12-2007, 04:17 AM
Melissan02: Where are you located? I am asking because you might want to do some research on the Judges in your area. Every attorney will tell you the same thing -- it is extremely hard. There is a form you can fill out to request that Immigration issues you a NTA so that you can get a hearing before the Judge and not wait until they find you.

I had a situation with someone in immigration court (a friend) and the Judge did everything possible for him to have some relief to stay here. However, he had no means of staying -- no relief and so the Judge gave him voluntary departure. Some judges are lenient and understand the situation and will give you that opportunity.

Make sure you qualify -- good moral character, been here 10 years, etc. Are you a citizen? This will certainly help. If you want to find out more details, privately email me.