I am getting answers back saying my husband may be eligible for "Cancellation of Removal" I have never heard of this process can someone tell me what is it and what will it do for my husband.
Cancellation of removal is a defense to removal. If a foreign national has been in the United States for the requisite number of years, has good moral character and meets other requirements, an Immigration Judge may grant cancellation. In that case, the foreign national would be considered a legal permanent resident as of the date the cancellation is granted.
There is also cancellation for legal permanent residents. To discuss either process, and prepare your husband's case for the greatest likelihood of success, I strongly suggest you consult with a professional.
This attorney is Board certified, speaks Spanish and French and represents clients throughout the United States. Click through to my web site for more information.
There are two types of Cancellation of Removal (COR).
If your husband is in the United States illegally, then to qualify for COR the following are required:
1. He has to be in deportation/removal proceedings;
2. He had to be in the US for at least 10 continuous years prior to the commencement of the deportation/removal proceedings;
3. He has to have been a person of good moral character (no arrests) during that ten year period;
4. He has to have a parent, spouse, or child who is a resident or citizen of the US; and
5. he has to convince the Immigration Judge that if he is removed/deported it will result in an exceptional and extremely unusual hardship to that resident or citzen family member or members.
If the COR applicaiton is approved your husband becomes a resident of the US (gets a green card). COR is, however, discretionary. This means that even if he qualifies to file there is no guarantee the application will be approved. For this reason I rarely recommend to clients that they voluntarily place themselves in removal/deportation proceedings because if the Immigration Judge denies the application they will get deported. COR is usually something we do only iff the person is placed in removal/deportaiton proceedings and doesnl;t have any choice. the exceptions are cases where theevidenc eof hardship is very strong (e.g., family member with a life-threatening medical condition, well-documented political problems in country erson would be deported to, etc.).
If your husband already has a green card, then if he needs COR it probably means he has a criminal record. If so, this is an entirely different process with different criteria.
In either case, you should sit down with a certified specialist in Immigration Law with plenty of experience with removal/deprotaiton matters.
We would be happy to assist you with your husband's situation.