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Cancellation of Removal

Philadelphia, PA |

I am in deportation proceedings. I have been in the country for 9 years. Last time I was in court the lawyer on the other side spoke to me outside the court room. She asked me if I wanted wait one year to file for Cancellation of Removal. I read about this and it seems that I qualify -- sick LPR wife would be homeless if I were to leave the US.

I asked a lawyer who told me that because I had only been in the country for 9 years when my case began I would not be eligible. Who is correct?

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Attorney answers 6


It sounds like the government attorrey is wiling to re-paper your filing, that is to close it out and then reissue the notice to appear after you have the ten years. Your attorney should be discussing this with the government attorney.

Under the guidelines set by AVVO, this response is general information only and not specific legal advice, and no attorney client relationship is formed by this response to your question.


I agree with my colleague. The start of removal proceedings tolls the time for Cancellation of Removal. I would hire and immigration attorney before taking any other steps. Good Luck!

The answer to this question is general in nature and is based on the limited facts presented in the question. This answer does not create an attorney-client relationship and no such relationship will be formed with Mr. Yakzan until a formal consultation is conducted at his office.


The lawyer you talked to. You have to be in the country for at least 10 years at the time you were severed the NTA.


You need to retain an experienced immigration attorney to assist you with this matter. You do not appear to be eligible for Cancellation of Removal since you do not appear to have had the required presence prior to the initiation of removal proceedings. The government lawyer may have been been considering exercising 'prosecutorial discretion' in your favor; this is a new program by ICE, and it could benefit you, but you need to have an expereinced immgiration attorney assist you with this.

There are plenty of good, experienced, competent immigration attorneys in Philadelphia who could help you with this.

Happy holidays and good luck!

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.


I agree with attorney Rosenberg. If the government attorney is asking you this question then there is a good chance that the government has found your situation to be sympathetic and would be willing to withdraw the present NTA and issue a new NTA after you have the needed ten years. It is a very good sign, but you cannot count on this happening until the deal is done. You should try to retain an experienced immigration attorney to continue negotiations with the government. Good Luck!

Colorado 303.442.8554/New Mexico 505.819.3303/ Ms DeSeguin’s statement is general in nature, is not intended as legal advice, and should not be relied on as Ms DeSeguin does not have knowledge of all the relevant and necessary facts. The statement above does not create an attorney/client relationship.


You need to have 10 years in the U.S. when the NTA is served upon you. Of course, if the ICE Attorney is offering to serve a new NTA upon you when you have been here, take that offer.

Please see

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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