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What are my chances for Cancelation of Removal

Washington, DC |

I've been in US 10 years. Came on a J-1 visa ( no restriction) changed to F-1. Lost my F-1 status last March due to financial difficulties. I have a 3 year old son who is a US citizen. His father left us when I was pregnant. I finished my Bachelor degree while pregnant, stayed on OPT, went back to school to get my master. Last year due to financial difficulties I lost my F-1. I had no child support and no help to attend my classes. I filled for full custody to be able take my son out of the country, my son's father filled motion in court, he wanted to get full custody and have me deported. After dropping of the child support I got a full custody but he has visitations. I do have a full custody however the court ordered I can't take my son out of the country if I want to leave. Please help

Attorney Answers 3


  1. The question is whether your son would suffer "exceptional and extremely unusual hardship" if you had to leave the U.S.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Subscribe to our Free Immigration Newsletter
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (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.


  2. Removal of condition cases are complicated and it's very difficult to evaluate based on the facts you provided. if you are serious about your case, I recommend that you at least set up a consultation with an immigration attorney.

    The statement above does not create an attorney-client relationship. It is intended as general information only and it is not a substitute for legal advice. You should consult with a licensed attorney to discuss the specific facts and circumstances of your case.


  3. Cancellation of removal is very difficult to win because you have to show extreme hardship to a US citizen spouse, parent, or child. You might be able to do this because of your US citizen child. Are you already in removal proceedings? If so, you should consult an attorney with experience in deportation defense.

    www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.

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