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  • Cancellation of Removal

    HOw often is this procedure approved? My children do not speak my native language, is that enough hardship for them?
    I have been in the US for over 16 years illegally. Overstayed a B1 visa....

    Please help

  • #2
    HOw often is this procedure approved? My children do not speak my native language, is that enough hardship for them?
    I have been in the US for over 16 years illegally. Overstayed a B1 visa....

    Please help

    Comment


    • #3
      I forgot to ask...
      Do you have to be a citizen of the Nicaragua, Salvador, Guatemala or ex-soviet block country? I am a citizen of Chile.

      Comment


      • #4
        A non-lawful permanent resident alien can apply for cancellation of removal in the US if the alien:
        (1) has been physically present in the US continuously for at least 10 years before service of the NTA
        (2) has been a person of good moral character
        (3) has not been convicted of a crime involving moral turpitude or aggravated felony or firearm offense
        (4) and demonstrates exceptional and extremely unusual hardship to a USC/LPR spuse, parent, or child

        Good luck with the application if you qualify! It's not an easy form of relief to get under current BIA case law. - rrv

        Rolando Rex Velasquez
        SEROTTE, REICH & SEIPP, LLP
        e/m: rvelasquez@srs-law.com
        716-854-7525

        Comment


        • #5
          If you meet the first 3 citeria rrv listed, you may be able to get the 4th based on the language/cultural difficulty your US citizen children may experience. There's a BIA case on this. A couple from Taiwan stayed here illegally for more than 15 years, and BIA decided to cancel their removal based on what their 15-year-old daughter would have had to go through.

          Comment


          • #6
            What is BIA

            Comment


            • #7
              Board of Immigration Appeals

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