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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    Cancellation of Removal
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Associate Member
Posted
Has anyone ever applied for Cancellation of Removal? Did you get results?

Does anyone know how hard/easy it is to receive cancellation of removal?

Please advise.
 
Posts: 12 | Location: St. Paul, MN USA | Registered: 01-09-2004Reply With QuoteEdit or Delete MessageReport This Post
E.
Senior Member
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I believe they call it withholding of deportation nowdays.
Used to be cancellation of removal.
Every attorney would tell you it is hard as hell.
But I believe it all depends on your circumstances.
The hardest of all I guess is to qualify under "EXTREMELY UNUSUAL hardship to US Citizen" for long term nonimmigrants.
Almost everything you can think of is just a hardship, and unless an immigrant has a US Citizen immediate relative with the last stage of leuqemia without ANY friends/relatives present to take care of him/her chances of immigrant are very slim.
There is also CAT, which is relatively easier to qualify for IF you have undisputable EVIDENCE that your life and physical health would be in extreme danger if you were sent back home.
If you want to get some more information, I would advise you to read various BOA and Immigration Judge's decisions on the topics that are interests you.
You should also read about unrelated to your case situations to grasp the logic and flow of the entire process.
I hope you like reading.
You can also look at www.shusterman.com under "deportation" link.

But best of all consult a good Immigration Attorney.
Sometimes,thanks to many years of practice, they know some little, obscure things that make a huge difference in reality.

Good luck ;-)
 
Posts: 898 | Registered: 01-21-2004Reply With QuoteEdit or Delete MessageReport This Post
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You got most of your answers from E. already, however:
There is a big difference between "withholding of REMOVAL" and "chancelation of removal" (Unless it is concerning an alien with a open case who was in deportation proceedings from before 1997, the term "deportation" is obselete).
"Chancelation of removal" is the only permanent relief from removal proceedings (unlike in previous years, their naturalization was sometimes, too). Once this is accomplished the alien can properly adjust and continue residing in the U.S. legally if a basis for adjustment exists.
"Witholding" is a humanitarian, yet temporarily relief for someone who clearly is removable and has no statutary relief available, but can't or won't be removed for terminal and/or morbid medical and/or humanitarian reasons.

The success rate for the former is less 12% in recent yrs, the second is so rare, I haven't heard of any such actual cases. Good luck!
 
Posts: 221 | Registered: 09-05-2003Reply With QuoteEdit or Delete MessageReport This Post
E.
Senior Member
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Yes, Acelaw is absolutely correct.
Withholding of deportation does not grant a permanent status, it is not adjustable and is subject to termination.
Whereas the AOS for long term nonimmigrants gives the applicant the right to stay in US permanently with subsequesnt eligibility to apply for citizenship.

Good luck ;-)
 
Posts: 898 | Registered: 01-21-2004Reply With QuoteEdit or Delete MessageReport This Post
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