What are my chances for Cancelation of Removal

Asked over 1 year ago - 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. Carl Michael Shusterman

    Pro

    Contributor Level 20

    16

    Lawyers agree

    1

    Answered . 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)
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    600 Wilshire Blvd., Suite 1550
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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Efe Poturoglu

    Contributor Level 10

    1

    Lawyer agrees

    Answered . 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... more
  3. Kristina A. Gasson

    Contributor Level 12

    2

    Lawyers agree

    Answered . 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... more

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