Skip to main content

Evidence needed for Special Rule Cancellation of Removal application:

Posted by attorney Neil Lewis

This application, available under 240A(b)(2) of the INA, is especially helpful when aliens are brought here in K-1 status under false pretenses and are abused by their sponsors:

  1. Family ties within the U.S.

–we need copies of birth certificates of all your children

–copies of green cards or citizenship documents of all U.S. citizen relatives

–copies of marriage certificates and birth records to establish the family relationship claimed

  1. Residency of long duration in this country

–a list of all trips taken out of the United States since you entered in 1995. When you left, when you returned, and why and where you went.

–all US tax returns filed, personal and corporate

  1. Evidence of hardship to the respondent and family if removal occurs

–letters of support from family members. Must include name, address, phone number, and citizenship status of the writer.

–letter from you, discussing hardship to you and your children if you were forced to return to your home country. Include, at a minimum, loss of educational opportunities for your children, lack of family ties in your home country, and all other factors which would tend to show hardship to you and your kids if you returned to Your home country.

  1. Service in the Armed Forces of the U.S.

–if applicable

  1. History of continuous employment

–a resume detailing your work history from adulthood-present. Names, addresses, and phone numbers of employers and dates you worked.

  1. Existence of property or business ties

–deeds or other evidence of ownership of real property (land) and personal property (autos, bank accounts)

–evidence of ownership of a business, if applicable

  1. Existence of value and service to the community

–letters from friends and community leaders testifying as to your good moral character and the benefit you bring to the community.

  1. Proof of genuine rehabilitation if criminal record exists

–evidence that you are rehabilitated since any criminal act

  1. Evidence attesting to the respondent’s good character

–letters from friends and associates

–police clearance from every location you have lived during the past 10 years

  1. Evidence showing the physical and severe mental abuse you suffered at the hands of your United States citizen spouse. Most important evidence is a specific letter from you showing exactly how the abuse happened and what you did as a result of that abuse.

Author of this guide:

Was this guide helpful?