How to File for Cancellation of Removal | Comprehensive Guide
Cancellation of Removal: GREEN CARD FOR IMMIGRANTS IN U.S. FOR MORE THAN 10 YEARS AND HAVE U.S. CHILDREN OR SPOUSE WITH HARDSHIP
Call 718-769-6352 now for assistance with Cancellation of Removal. We are a female, immigrant-owned law firm with a strong track record of success.
Cancellation of Removal for non-green card holders can only be granted in Immigration Court by an Immigration Judge. Here are some Frequently Asked Questions about this process.
❓How long do you have to be in the US to qualify?
🔹10 continuous years
❓What stops the 10-year clock from running?
❓Who can be qualified relatives?
🔹US Citizen children or LPR Kids
❓What are the requirements for Cancellation of Removal?
🔹You have been in the US for 10 years without interruption.
🔹These 10 years did not get stopped by the service of Notice to Appear to start Immigration Court proceedings or Arrest or Amoral Act.
🔹Kids or Spouse who are US Citizens or GC Holders
🔹Kids or Spouse have a HARDSHIP, i.e. very bad problems that prevent them from being able to travel to the immigrant person’s country and move there with them. For example – they are getting special medical treatment in USA or special school or psychological services.
🔹Perhaps they have a special job (police officer, US government, Nurse, etc.)
🔹There are no jobs for them in their former country
🔹They would be persecuted there due to different race or religion.
❓How do we apply? What are the technical requirements to file? – the technical side.
🔹There is no way to apply directly for Cancellation of Removal. First, we do a skeleton brief Asylum I-589 Application and file it as an asylum application.
❓What else am I missing? Is there anything I should be aware of?
🔹Under current law, there are no work permits while you await your Immigration Court hearing. You can ask and apply for work permit only once in Immigration court. Trump changed these laws in August 2020.
🔹If married – husband and wife file separate packages and separate evidence – it’s an individual and not a family inclusive case.
🔹Once the Asylum office denies (and they usually deny just because it’s filed not within 1 year that the person came into US), the case is referred to Immigration Court.
🔹NTA is served by Asylum office. Must have exact date and time.
❓What happens in Immigration Court?
🔹Once in Immigration Court, we prepare EOIR-42B detailed application and submit evidence of the family relationships, evidence of hardship problems, and any witness letters or any other evidence, 10 years of tax returns, and the IRS transcripts for those 10 years’ returns.
🔹The next step is the Individual Hearing/Merits Hearing for Cancellation of Removal, where the Immigration Judge and Trial Attorney question the qualifying relatives and the immigrant person to see if their family really NEEDS them in US and how bad the hardships are.
🔹Once the judge has enough to approve – the immigrant must wait for the VISA to become available to him from annual 10,000 quota.
❓How long does the cancellation of approval process take?
🔹It could take the total of 5 or 6 years!
❓What happens once my Visa is available?
🔹When your visa is available, the Immigration Judge schedules another court date where attorney and immigrant and family come in, and the immigration judge gives a court order approving Green Card status.
❓What happens once my Green Card is available?
🔹When USCIS issues a Green Card, you will have to wait another 6 weeks or even a few months. This takes a long while because the Court Order has to make its way to USCIS. The Green card is processed, printed, and sent out by different agencies.
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Shepelsky Law Group
2415 Avenue U, Ste. 2 Rear
Brooklyn, NY 11229