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  • #16
    Mohan, can someone qualify for Cancellation of Deportation if s/he has been entered a deportation order against?

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    • #17
      Yes.
      all depends upon the case history and if any mistake has been done by the service OR if the alien eligible for cencellation of deportation .

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      • #18
        deport illegal aliens

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        • #19
          In general The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien -

          (A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;

          (B) has been a person of good moral character during such period;

          (C) has not been convicted of an offense under section 1182(a)(2), 1227(a)(2), or 1227(a)(3) of this title; and

          (D) establishes that removal would result in EXCEPTIONAL AND EXTREMELY UNUSUAL HARDSHIP to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.


          (2) Special rule for battered spouse or child

          The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien demonstrates that -

          (A) the alien has been battered or subjected to extreme cruelty in the United States by a spouse or parent who is a United States citizen or lawful permanent resident (or is the parent of a child of a United States citizen or lawful permanent resident and the child has been battered or subjected to extreme cruelty in the United States by such citizen or permanent resident parent);

          (B) the alien has been physically present in the United States for a continuous period of not less than 3 years immediately preceding the date of such application;

          (C) the alien has been a person of good moral character during such period;

          (D) the alien is not inadmissible under paragraph (2) or (3) of section 1182(a) of this title, is not deportable under paragraph (1)(G) or (2) through (4) of section 1227(a) of this title, and has not been convicted of an aggravated felony; and

          (E) the removal would result in EXTREME HARDSHIP to the alien, the alien's child, or (in the case of an alien who is a child) to the alien's parent.

          In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.

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          • #20
            Wow, such a good info this one!

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            • #21
              U.S. VISIT System Replaces Special Registration

              The Special Registration program is officially over.

              DHS Announces New 'U.S. VISIT System' for Travelers as the Department Marks Its First 100 Days

              U.S. Department of Homeland Security
              Office of the Press Secretary
              April 29, 2003
              For Immediate Release

              Homeland Security Secretary Tom Ridge announced the launch of the new U.S. VISIT system as he discussed the Department's first 100 days. In a speech in Washington, the Secretary outlined the Department's plan to create a new entry-exit system backed by 21st century technology. The U.S. Visitor and Immigrant Status Indication Technology system (U.S. VISIT) is designed to make entering the U.S. easier for legitimate tourists, students and business travelers, while making it more difficult to enter the U.S. illegally through the implementation of biometrically authenticated documents.

              Drawing heavily on developing technologies and scientific capabilities, the system will utilize a minimum of two biometric identifiers, such as photographs, fingerprints or iris scans, to build an electronic check in/check out system for people coming to the U.S. to work, study or visit. The U.S. VISIT system will replace the currently existing NSEERS program, integrate the SEVIS program, and encompass the Congressional requirements of the automated entry exit system.

              The U.S. VISIT System is a critical new border security and enforcement tool that will capture point of entry and exit information on visitors. The system will be in its first phase of operation at international air and sea ports of entry by the end of 2003.



              http://www.shusterman.com/cgi-bin/ex...47&content=588

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              • #22
                what if the alien has been here for a continuous 9 years and married to a us citizen for 6 but only applied for residency one year ago? Would the 3 years count from the date of application for residency??

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                • #23
                  <sniffle sniffle>...gosh....am I heartbroken to hear that some dirtbag illegal, some visa cheat, some border jumper, some scumbag that obviously has NO respect for the laws of MY country is locked up? Who cares? Throw the key into the Pacific Ocean and turn this $hithead loose in a raft to go and find it....

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                  • #24
                    Originally posted by Mommyto2:
                    what if the alien has been here for a continuous 9 years and married to a us citizen for 6 but only applied for residency one year ago? Would the 3 years count from the date of application for residency??
                    Mommyof2 - I think it would be better if you start a new thread for this question. Your post got lost when it appeared at the end of the posts from 2003. I don't think Someone12 was responding to your post, but the original one. Sometimes, we don't notice the post dates!

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                    • #25
                      I am going to share what happened to us, even though at the time we did not find it to be a good situation, we now believe it was for the best of us.

                      I was placed under arrest and sent to Las Vegas prison, My wife could not visit me and Immigration did not tell her where I was, our lawyer was not one of the brightest, but he did found my whereabouts and the bail was set to US$15,000.00 I do not know why so high.

                      I wanted to apply for a cancellation of removal because my 10-year-old USC daughter was going to suffer extreme and unusual hardship given her heart problems, Down syndrome and lung problems. I have always paid my taxes, I was a volunteer in different organizations for people with disabilities, I was an advocate before state congress for people with disabilities, we volunteer in a shelter for battered women, but you know something that means nothing.

                      The Judge told me that if I wanted to go that route it was going to take 36 moths for my case to be processed, I did not had the bail money neither I wanted to wait 3 years so I ask for voluntary departure.

                      Then Immigration contacted my wife back home and gave her two options, one was to leave within a week of my deportation or to be deported and have our two children place on state custody and then put them for adoption.

                      While in Guatemala I signed a general power of attorney to a good friend and his wife so he could sent some of our belongings to us, rent our house or sell it, along with my SUV and pretty much be in charge of our finances; well he sold most of everything included our house and kept all of the money, he forged my signature and cash our tax returns checks. Then we lost everything. When I file a complain with the Utah County Sheriff Department I was told that I needed to be present to make a case against them, I was also told some other things that are not worth mentioning.

                      Now if you think that extreme and unusual cases do not exist, believe me they do, my daughter has not been accepted at any (I mean any) school in Guatemala because of her disability, her nationality and her language, (she has not been able to learn to speak Spanish). Hospital ER room have refuse care for her because of nationality; My son attends a American School that is very, very, very expensive but is not recognized by the education system here so if we get him out, he has no records to prove he has attended school so he will have to start from 5th grade. However, he is 13 now.

                      What I am trying to say is this, firs of all I am not bitter, I did what I though it was right for my family but then I was wrong.

                      Returning to Guatemala meant to become homeless, literally speaking, but I learn that we need to learn to forgive, So after sometime I called my friend whom I gave the power of attorney and I asked him to forgive me but most important I forgive him, I wrote a letter to the Officer whom arrested me whom I knew from former employments and from church that I understood he was doing his job, and to be blessed as well.

                      This acts release me from chains of bitterness and frustration, We met a true living GOD, and we have been blessed even more than in USA. As far as praying for your friend, believe me we will as a family. We will ask our LORD to give your friend and his family the courage to accept what he has in mind for them.

                      I respectfully added the following:

                      Jeremiah 31:17 And there is hope for the future, says the Lord; and your children will come back to the land which is theirs.

                      Comment


                      • #26
                        hey bsanchez.....pidalo a sr jeremiah una visa....what a load of mierda de toro...you are nothing but a visa cheat and will never be anything but a visa cheat...and you can quote the bible from now until the end of time, it won't get you a visa....

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