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.
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.
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.
I agree with Mr. Shusterman. Well said.
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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.
Consult an immigration attorney ASAP!
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