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
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)
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.
Get free answers from experienced attorneys.
26,565 answers this week
2,868 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary