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Thread: Cancellation of Removal

  1. #1
    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?
    “...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire

  2. #2
    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?
    “...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire

  3. #3
    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 ?

  4. #4
    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...

  5. #5
    Koller,

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

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
    Koller,

    here is a simple read on the 4 categories of cancellation of removal. </div></BLOCKQUOTE>

    Thanks! I was indeed reading the wrong form.
    “...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire

  7. #7
    Remember you have to show that there are compleling reasons for cancellation. It is not automatic.

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
    Remember you have to show that there are compleling reasons for cancellation. It is not automatic. </div></BLOCKQUOTE>

    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!
    “...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire

  9. #9
    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 you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  10. #10
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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 </div></BLOCKQUOTE>

    What is SOL?
    “...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire

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