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What is Cancellation of Removal in immigration court?

Los Angeles, CA |

I would appreciate if you can tell me who initiates this in immigration court? Is it the judge who says you qualify or not or it is the LPR who decides whether he or she qualifies and then requests the judge to get him the cancellation during the hearing? How does this specific process work. When someone has been denied the waiver and has been sent to immigration court to renew the green card through the judge, is the cancellation of removal the only way to get the green card assuming that the LPR qualifies to one of the option of the removals available? What if the LPR has been present in the US for only 3 years, does it mean that he or she will be better off convincing the judge through evidences of bonafides instead, seeing that he/she does not qualify for any cancellation of removals?

Attorney Answers 5

Posted

If you are a green card holder that the government is trying to deport, you may apply to the Immigration Judge for Cancellation of Removal using form EOIR-42B (plus supporting documents) if you meet each of the following conditions:

1.You have been a lawful permanent resident of the U.S. for at least five years;
2.You have resided continuously in the U.S. for a minimum of seven years after being admitted to the U.S. in any status (prior to the institution of removal proceedings);
3.You have not been convicted of an aggravated felony;
4.You are not inadmissible from the U.S. on security grounds.

In order to be granted cancellation of removal, you must be able to convince the Immigration Judge that the positive factors in your case outweigh the negative factors.

Please see

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.

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Asker

Posted

Thank you. The 1st point you mentioned...1.You have been a lawful permanent resident of the U.S. for at least five years; does this also incorporate your conditional status for 2 years? I am a little confused about that because I will be arguing for my permanent green card, and I've only been in the US for 3 years as a conditional green card holder plus the year that passed after I applied for my 751 waiver and the wait period. Thank you, sir.

Asker

Posted

Since your response was so helpful, could you please very briefly explain to me this option and how does that work. I am talking about applying for adjustment of status in the immigration court. Who qualifies for this specific one? Thank you again, sir.

Posted

If you have been put into removal proceedings ... you really need to talk to a lawyer.

You are the one who asks for 'relief' from deportation ... with the help of a lawyer.

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. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Asker

Posted

Yes, I will hire one soon. I am trying to acquaint myself with various options for now. Would you mind also briefly telling me about the adjustment of status option in the immigration court? Who qualifies for it and under what circumstances as I already learned about the Cancellation of Removal options available. I have some time still, so interested in learning these things briefly myself before hiring an attorney to work with him as oppose to completely relaying on him. I do not like putting my future in someone else's hands completely; therefore, I like learning in order to participate equally and be aware of everything available to me.

F. J. Capriotti III

F. J. Capriotti III

Posted

You may disagree with me. But, I believe that you shouldn't be spending too much time learning the law. It is the job of your lawyer to explain the law ..... as it applies to your specific case. What you're doing is trying to learn the general law .... but you don't have the skills to apply it to your facts. If you still feel strongly, before hiring a lawyer, here is where you can purchase books/CDs, etc: http://agora.aila.org/

Posted

I agree with Mr. Shusterman. Well said.

Free Consultation Anywhere in USA | 626-399-4194 |ICannHelpYouNow.com | John1Davidson@gmail.com

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Posted

When you say you were denied the waiver, are you referring to the I-751 or something else? If you are in immigration court, you need to consult an immigration attorney. You should not represent yourself in immigration court. Bad idea.

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Asker

Posted

Yes, I was denied my I-751. I am being sent to court for that very reason. Can you name one or two things that the immigration judge would look at to determine if an adjustment of status should be granted or not? Is it a matter of only discretion by any chance?

Jay Ignacio Nunez

Jay Ignacio Nunez

Posted

You've already had your adjustment of status approved. You were denied the removal of conditions by USCIS. You are entitled to have your I-751 reviewed by the immigration judge or file a new I-751 with USCIS if a new basis is appropriate. You really should have an immigration attorney represent you in court. Judges will not give you advice on how to proceed in court, and they get impatient when a respondent does not understand court procedures. Seriously consider consulting with an attorney in person. Good luck.

Posted

Consult an immigration attorney ASAP!

DISCLAIMER: The information appearing here is for general informational purposes only and is not intended to provide legal advice to any individual or entity. We urge you to contact us at (310) 988-5092 or info@i-551.com or consult with your own legal advisor before taking any action based on information appearing here.

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