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Should I go for Cancellation of Removal?

Atlanta, GA |

I am thinking of getting applying for cancellation of removal. I am not in removal proceeding so I don't know if I should, but at same time I need to get my status adjusted.
Came to USA 14 years ago on Advance Parole. It was expired 13 years ago.
I have been in USA for 14 years continuously.
I have three Citizen kids, age 14, 12, 9 and Three DACA applicants age 24, 22, and 18.
I have paid taxes for 14 years, and have had a same job for 14 years.
No criminal record.

I have a wife who is undocumented and same exact same scenario. I am afraid that if I get rejected, she will also. Is there a way we can file separately? Also since I meet the requirements, should I take the risk? I will apply after my DACA applicants kids are granted deferred action so I don't put their lives in risk.

I dont have much education tho. I am aware that it is not a yes or no answer bc it depends on the judge. But are my probablity high if I go with an experienced lawyer. If I can't apply for cancellation of removal, should I apply for asylum. My asylum case is very difficult so I was thinking of applying for asylum and if my case is declined, go with cancellation of removal.

Attorney Answers 4


  1. Best answer

    You cannot affirmatively apply for cancellation of removal. You would have to be in removal proceedings and present your case before an Immigration Judge. Given the facts you laid out my answer is an unequivocal "no". If you are not currently in proceedings it's simply a risk you absolutely should not take.


  2. You cannot apply for cancellation of removal unless you are in removal proceedings. You should consult with an experienced immigration attorney.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  3. To place yourself in removal proceedings is a very serious situation. However, your window of opportunity is not unlimted. As a family, you should discuss with a very competent immigration lawyer and make that decision.


  4. Mr. Murphy is correct, you can't 'ask' to file for cancellation.

    Mr. West is also correct ... getting yourself put into removal proceedings is the LAST thing you should think about. Wait 7 years and have your 14 year old sponsor you.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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