I, the undersigned, hereby request that my removal be cancelled under the provisions of section 240A(a) of the Immigration and
Nationality Act (INA). I believe that I am eligible for this relief because I have been a lawful permanent resident alien for 5 or more
years, have 7 years of continuous residence in the United States, and have not been convicted of an aggravated felony. I was
admitted as or adjusted to the status of an alien lawfully admitted for permanent residence on......

I have questions en masse!!!

I am in the process to figure out what relief I will be applying for with EOIR. I narrowed it down to Cancellation of Removal. Now, reading the instructions on the actual form EOIR42A - all was good up to above paragraph where it askes me to sign that I have been a lawful permanent resident for 5 or more years, have 7 years of continuous residence in the United states....etc, etc.

I am not sure - I have been here for more than 7 year, but this is all so lumped together in one sentence and scares me that this could be construed as something other...something I am not.

Can someone please shed some light on this for me?

If you don't meet the 7 years continuous residence of living in the United States then you basically don't qualify for cancellation of removal.Can't you just apply for US citizenship based on your last 5 years of continuous residency or is that too risky at this particular point ?

Hi Koller

I am not really sure of your story, but I am under the impression that you do not have permanent residence and have never had a greencard. If this is correct, then you must meet 10 yr continuous presence to meet requirements for cancellation of remvoval.

7 yrs is for permanent residents that are in removal proceedings. so you are reading and referring to something that is most likely not relevant to you...

Koller,

here is a simple read on the 4 categories of cancellation of removal.

quote:

Originally posted by 4now:
Koller,

here is a simple read on the 4 categories of cancellation of removal.

Thanks! I was indeed reading the wrong form.

Remember you have to show that there are compleling reasons for cancellation. It is not automatic.

quote:

Originally posted by federale86:
Remember you have to show that there are compleling reasons for cancellation. It is not automatic.

Federale,

Good that you mention it! I've been thinking about what hardship is??? I have two children they - would be separated from me, or from their father or they would have to come and live in Germany. They are not dependend on me per se anymore because they are 18 and 23 yrs. of age. However, they have been hopping back and forth ever since we got divorced. I still support them financially, I pay for the college education. They have access to me and their father and still need me for advice. Although we don't live as a tight-knit family anymore, we still are a family. They don't speak the language or have a German education. I would have to sell my house, my business everything I have worked for, for 26 yrs. Not to mention the emotional stress that this would cause. Are emotions hardship to USCIS? Who is to dictate my emotions?

What is hardship to USCIS? I have heard horrible stories as far as hardship for immigration means very sick and very dependend children. Well, mine are healthy and thank God they are!!! I am proud of having raised two healthy well behaved children, and so should be the government.

What is hardship? I have not been to Germany for 25 years - you think I have deep enough roots established in the American soil?

Immagine someone would tell you - you are now going to loose your mother and everything you worked for will be lost. Truely, I compare this to political prosecution when people are expelled from their home country - like it happened after the war in Germany, with all the Hungarians and other folks.

I am going to try and rectify the situation this one more time. If the USCIS is giving me a hard time, I'm outa of here because I am not the product of a third world country. And, there is only so much discrimination I can take!

This message has been edited. Last edited by: Kollerkrot,

According to the Application form for EOIR-42B, it says:

Your removal would result in exceptional and extremely unusual hardship to your United States citizen or lawful permanent resident spouse, parent, or child, and you are deserving of a favorable exercise of discretion on your application.

Although I believe if you entered before 1996, the earlier rules apply ie. you do not have to be related to a USC and the wording doesn't say "exceptional and extremely unusual hardship". Hope that's correct Koller or else you might be SOL.

EOIR-42B

quote:

Originally posted by Brit4064:
According to the Application form for EOIR-42B, it says:

Your removal would result in exceptional and extremely unusual hardship to your United States citizen or lawful permanent resident spouse, parent, or child, and you are deserving of a favorable exercise of discretion on your application.

Although I believe if you entered before 1996, the earlier rules apply ie. you do not have to be related to a USC and the wording doesn't say "exceptional and extremely unusual hardship". Hope that's correct Koller or else you might be SOL.

EOIR-42B

What is SOL?

You have to ask S*it Out of Luck!

quote:

Originally posted by Brit4064:
You have to ask S*it Out of Luck!

That's alright! I don't use those words - well not in that combination.

I think I qualify for Cancellation. That's what I'm going to court for.

Thanks for the form:

1. is definately me
2. Don't have any - never did anything wrong - the old one is not going to count because it was (indeed!) entered in absentia.
3. Is my kids and family and roots, business, house, friends life in general. If I would go back to Germany now after having been here for so long, I would go through a social shock, just like I did when I came here. It's very stressful.

They will have to speak up for themselves I guess.

This message has been edited. Last edited by: Kollerkrot,

Koller, didn't you marry an American citizen?

How could you be here that long and not have a green card. I'm a little confused here.

Best of Luck and do contact a good attorney on your options. Gesh you harmed no ONE, doesn't seem like you lied, cheated or stole from anyone either.. SO FIGHT

quote:

Originally posted by Robin Horton:
Koller, didn't you marry an American citizen?

How could you be here that long and not have a green card. I'm a little confused here.

Best of Luck and do contact a good attorney on your options. Gesh you harmed no ONE, doesn't seem like you lied, cheated or stole from anyone either.. SO FIGHT

I will - I've been fighting this ever since 1983. I was married for 12 years - to an a.sshole. I've never done anything that would disturb society in any way. I am honest straight forward, bold sometimes, emotional etc. But those are good qualities, because its those emotions that make me roll up my sleeves if need be. I very often say: "If everyone would be as good as me, the world would be a wonderful place to be"!

quote:

Originally posted by Robin Horton:
Koller, didn't you marry an American citizen?

How could you be here that long and not have a green card. I'm a little confused here.

Best of Luck and do contact a good attorney on your options. Gesh you harmed no ONE, doesn't seem like you lied, cheated or stole from anyone either.. SO FIGHT

Robin, I don't have green card because my husband didn't file for me. He used the fact that I didn't have a green card to supress me. As per immigration laws, foreigners still do need a sponsor to get a green card, which gave him power over me.

It's a 26 yr. long story, I don't feel like telling it again! Please forgive me.

quote:

Originally posted by federale86:
Remember you have to show that there are compleling reasons for cancellation. It is not automatic.

Please list your present or past membership in or affiliation with every political organization, association, fund, foundation, party, club, society,
or similar group in the United States or any other place since your 16th birthday. Include any foreign military service in this part. If none, write
“None.” Include the name of the organization, location, nature of the organization, and the dates of membership.

Here is where I am going to tell them that I worked (assisted a colonel) for the US Army in Germany and perhaps also that it was here where I met - that home grown s.hit I was married to for 12 years.

How does one proof good moral character if one has never done anything else but live a normal life?

I am so stressed out!

This message has been edited. Last edited by: Kollerkrot,

quote:

Originally posted by Kollerkrot:

quote:

Originally posted by Robin Horton:
Koller, didn't you marry an American citizen?

How could you be here that long and not have a green card. I'm a little confused here.

Best of Luck and do contact a good attorney on your options. Gesh you harmed no ONE, doesn't seem like you lied, cheated or stole from anyone either.. SO FIGHT

Robin, I don't have green card because my husband didn't file for me. He used the fact that I didn't have a green card to supress me. As per immigration laws, foreigners still do need a sponsor to get a green card, which gave him power over me.

It's a 26 yr. long story, I don't feel like telling it again! Please forgive me.

Question: Can I sue my former husband for not filing for me? Are there any provisions within the law that would make him obligated to do that? I am seriously pondering the thought!

quote:

Originally posted by Kollerkrot:

quote:

Originally posted by Kollerkrot:
[QUOTE]Originally posted by Robin Horton:
Koller, didn't you marry an American citizen?

How could you be here that long and not have a green card. I'm a little confused here.

Best of Luck and do contact a good attorney on your options. Gesh you harmed no ONE, doesn't seem like you lied, cheated or stole from anyone either.. SO FIGHT

Robin, I don't have green card because my husband didn't file for me. He used the fact that I didn't have a green card to supress me. As per immigration laws, foreigners still do need a sponsor to get a green card, which gave him power over me.

It's a 26 yr. long story, I don't feel like telling it again! Please forgive me.

This message has been edited. Last edited by: Kollerkrot,

There are many different types of Cancellation but according to your story the one under VAWA seems most appropriate,if what you say is true.You will be required to show only extreme hardship along with extreme cruelty.The only problem is the sort of paperwork needed in order to prove the following

quote:

quote:

Originally posted by Kollerkrot:
[QUOTE]Originally posted by Robin Horton:
Koller, didn't you marry an American citizen?

How could you be here that long and not have a green card. I'm a little confused here.

Best of Luck and do contact a good attorney on your options. Gesh you harmed no ONE, doesn't seem like you lied, cheated or stole from anyone either.. SO FIGHT

Robin, I don't have green card because my husband didn't file for me. He used the fact that I didn't have a green card to supress me. As per immigration laws, foreigners still do need a sponsor to get a green card, which gave him power over me.

It's a 26 yr. long story, I don't feel like telling it again! Please forgive me.

quote:

Originally posted by Lyric:
There are many different types of Cancellation but according to your story the one under VAWA seems most appropriate,if what you say is true.You will be required to show only extreme hardship along with extreme cruelty.The only problem is the sort of paperwork needed in order to prove the following

quote:

quote:

Originally posted by Kollerkrot:
[QUOTE]Originally posted by Robin Horton:
Koller, didn't you marry an American citizen?

How could you be here that long and not have a green card. I'm a little confused here.

Best of Luck and do contact a good attorney on your options. Gesh you harmed no ONE, doesn't seem like you lied, cheated or stole from anyone either.. SO FIGHT

Robin, I don't have green card because my husband didn't file for me. He used the fact that I didn't have a green card to supress me. As per immigration laws, foreigners still do need a sponsor to get a green card, which gave him power over me.

It's a 26 yr. long story, I don't feel like telling it again! Please forgive me.

I missed VAWA! VAWA only provides for a two-year window after divorce. I didn't know then that VAWA existed. Strangly, I've been working with a lawyer that claimed to be an immigration attorney. She (more or less) was directly involved in the disputes I had with my husband and didn't advise me of VAWA.

quote:

Originally posted by Kollerkrot:

quote:

Originally posted by Lyric:
There are many different types of Cancellation but according to your story the one under VAWA seems most appropriate,if what you say is true.You will be required to show only extreme hardship along with extreme cruelty.The only problem is the sort of paperwork needed in order to prove the following

quote:

quote:

Originally posted by Kollerkrot:
[QUOTE]Originally posted by Robin Horton:
Koller, didn't you marry an American citizen?

How could you be here that long and not have a green card. I'm a little confused here.

Best of Luck and do contact a good attorney on your options. Gesh you harmed no ONE, doesn't seem like you lied, cheated or stole from anyone either.. SO FIGHT

Robin, I don't have green card because my husband didn't file for me. He used the fact that I didn't have a green card to supress me. As per immigration laws, foreigners still do need a sponsor to get a green card, which gave him power over me.

It's a 26 yr. long story, I don't feel like telling it again! Please forgive me.

I missed VAWA! VAWA only provides for a two-year window after divorce. I didn't know then that VAWA existed. Strangly, I've been working with a lawyer that claimed to be an immigration attorney. She (more or less) was directly involved in the disputes I had with my husband and didn't advise me of VAWA.

VAWA wasn't passed until 1994. Not exactly sure of your timeline, Koller, but since you've been here 26 years, seems that would fall outside your window of opportunity.