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Cancellation of removal: Sammy, Mohan, other experts

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  • Cancellation of removal: Sammy, Mohan, other experts

    I had been living in the U.S illegally 23 years. My Life application still pending with the INS. My question is if I leave the U.S and come back with advance parole, If one day my Life Legalization denied and the INS issued me Notice To Appear or place me on deportation. Can I use cancellation of removal because I had been living in the U.S over 10 years and it will case hardship for my permanent resident family or because I left the U.S it will break my 10 years presence and I'll not be eligible for cancellation of removal? Thanks to all.

  • #2
    I had been living in the U.S illegally 23 years. My Life application still pending with the INS. My question is if I leave the U.S and come back with advance parole, If one day my Life Legalization denied and the INS issued me Notice To Appear or place me on deportation. Can I use cancellation of removal because I had been living in the U.S over 10 years and it will case hardship for my permanent resident family or because I left the U.S it will break my 10 years presence and I'll not be eligible for cancellation of removal? Thanks to all.

    Comment


    • #3
      How long would you be away from United States on Advance Parole? If it is for only one-two months, then no problem. Short time stay at abroad won't break your continuence presence towards '10 years presence' requirement at the time of requesting the cancellation of removal.

      However, I am wondering why do you even suspect that your Life application might be denied? Were you not here continueously for 23 years or filed it late? Whatever it may, I don't want to know since I already answered your main question. Good Luck.

      Comment


      • #4
        Well, Sammy: if Mazen is an illegal and his Life appl. is just "pending", he has absolutly no basis to return legally once he leaves the U.S. on top of being inadmissiable for the overstay or illegal entry. In fact, once he steps out of the U.S., a barr of 10+ yrs. will kick in immediatly. An advandce parole is no guarantee or a "right" whatsoever for any alien (especially for no illegal alien) to be able to return to the U.S.

        Mazen, your accrueal of time ended then you started processing with BCIS but I gather you clearly have over 10 yrs. of presence prior and should/could qualify. But you shouldn't leave to no place untill your immigration status is absolutly and clearly resolved.

        Comment


        • #5
          His time of accrual has ended already by submitting his AOS application. AP's do neither guarantee a return nor do they gap a continuance. But once he steps out of U.S. terrority, "chancelation of removal" is not an issue anymore (it's considered self-removal at that time!); he will be immediatly inadmissiable for the previous illegal entry and presence and has absolutly no basis to return his pending AOS will also be immediatly terminated since leaving the country will be taken by BCIS as abonedenement.

          so your wishfull thinking of Sammy's advise may be nice, but it's not helpfull to Mazen's case!

          Comment


          • #6
            Mohan is a great helper and has great knowledge abt US immigration, i'm sure he will help you out!

            Comment


            • #7
              3 to 10 years bars do not apply to LIFE applicants. Although AP is no guarntee but usually is honored as it was in my case. I had no problems coming back in May 2003. I would still advise not to travel.

              Comment


              • #8
                Your continuous physical presence will only be stoped if you either leave for longer period, ( short period will not pause of break in physical presence. Physical presence only stops if NTa is issued or OSC is issued, which Put s the alien in deportation proceedings Or removal proceedings.
                3 /10 years bar is only trigger to alien if he leave the country. Alien should know is filing under 245i. IF its A CSS or LULAC case or others.
                Yes You can use 10+ years towards cencellation of removal, but it looks to me you are not in removal proceedings Yet, because No NTA is issued.
                Uninspected alien can file cencellation of removal if he is physically presence accmulate more then 10 years under Immigration Illigal reform act of 1996 with Good moral and Unusal extreme hardship AND 7+ years under IMMACT 90 with good moral and Extreme hardship.
                To be more clear; Under IMMAct 90( Old Law ) Alien can prove hardship to himself also where as only hardship be counted to USC/LPR dependents under new Lawwhich is unusually extreme.
                Its a discussion, not a legal advise..

                Comment

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