Asked over 1 year ago - Philadelphia, PA
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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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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!
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!
