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  • Cancellation of Removal - chances and case references?

    I am currently in removal proceeding after having my I-140 denied, which was originally files in 2001. I am a German citizen and have been in the U.S for 19 years, no criminal record, paying taxes, own a house, 3 U.S citizen children (oldest is 10 y, none speak german). My wife is also from Germany but not in removal proceedings, no legal status either after the i140 was denied... Our court date for the individual hearing is in Dec.
    I am familiar with the extreme and unusual hardship requirements and have read several of the precedent cases that are floating around on the web. Unfortunately they are all from 2001 and older and I cannot seem to find any more recent case references - has it become practically impossible to meet the hardship standard? Does anybody know of any cases that are somewhat similar to what I have describe above, or even any cases of other Germans that have been in removal proceedings? I am trying to figure out what our chances are of proving the xxx hardship for the children.
    Thanks in advance for any input or links to other online sources.
    Last edited by magra; 6th August 2009, 04:45 PM.

  • #2
    Originally posted by magra View Post
    I am currently in removal proceeding after having my I-140 denied, which was originally files in 2001. I am a German citizen and have been in the U.S for 19 years, no criminal record, paying taxes, own a house, 3 U.S citizen children (oldest is 10 y, none speak german). My wife is also from Germany but not in removal proceedings, no legal status either after the i140 was denied... Our court date for the individual hearing is in Dec.
    I am familiar with the extreme and unusual hardship requirements and have read several of the precedent cases that are floating around on the web. Unfortunately they are all from 2001 and older and I cannot seem to find any more recent case references - has it become practically impossible to meet the hardship standard? Does anybody know of any cases that are somewhat similar to what I have describe above, or even any cases of other Germans that have been in removal proceedings? I am trying to figure out what our chances are of proving the xxx hardship for the children.
    Thanks in advance for any input or links to other online sources.
    If it helps you any, this is not a fast process. The first thing that needs to happen is Immigration has to file that case with the immigration court. Just to give you an idea, I had my lawyer ask them to send it over after waiting for a year and a half. Until that happens, it's just a waiting game.

    Having said all that, you will have a hard time convincing a judge that if your family were to be sent back to Germany, it would cause extreme hardship. The only hope that I see for you, is the fact that the kids do not speak German. That would make it hard for them in school.

    I think you have a slim chance on this. I don't think it's impossible however.

    The most important thing you need to do at this point, is to retain an attorney to represent you in this matter.

    Comment


    • #3
      Originally posted by bahamas68 View Post
      If it helps you any, this is not a fast process. The first thing that needs to happen is Immigration has to file that case with the immigration court. Just to give you an idea, I had my lawyer ask them to send it over after waiting for a year and a half. Until that happens, it's just a waiting game.

      Having said all that, you will have a hard time convincing a judge that if your family were to be sent back to Germany, it would cause extreme hardship. The only hope that I see for you, is the fact that the kids do not speak German. That would make it hard for them in school.

      I think you have a slim chance on this. I don't think it's impossible however.

      The most important thing you need to do at this point, is to retain an attorney to represent you in this matter.
      Thanks for the reply. I am already in the process and had my Master Hearing last year, final court day is set for December this year.
      Last edited by magra; 7th August 2009, 11:26 PM.

      Comment


      • #4
        may I ask.. did you get a labor certification? and if yes when?
        Location: West Palm Beach, FL
        Sent 485, 245i, I-765, I-864,sealed I-693 Nov 19, 2010
        11/22/2010: Received
        12/1/2010 : Notice Date
        12/4/2010 : Received NOAs
        12/10/2010: Received Biometrics - Done!
        12/22/2010: RFE on CASE STATUS
        01/05/2010: EAD Card production ordered...
        01/12/2010: RFE on taxes and Birth Certificate
        01/13/2010: EAD Received! . while on RFE
        01/13/2010: RFE Sent
        01/18/2011: Interview letter received - RFE was just sent out!
        02/17/2011: Interview!

        Comment


        • #5
          Originally posted by khan6000 View Post
          may I ask.. did you get a labor certification? and if yes when?
          Very, very, good question.

          Cancellation of removal for non-LPRs is extremely difficult. It does not sound as if you are even close but the situation is so fact sensitive that it is impossible to do without an in-depth discussion and analysis.

          The standard is "Exceptional and Extremely Unusual Hardship" to the USC relative. Good luck with that.

          Your highest probability of staying in the US would be to find some avenue to become eligible to file an I-485.

          You definitely need an attorney for this.

          Jim Mills
          941-323-3711

          Comment


          • #6
            Originally posted by khan6000 View Post
            may I ask.. did you get a labor certification? and if yes when?
            Yes I did and it was approved in ~ 2005, but the I-140 was rejected based on "ability to pay" (the company posted a tax loss during one of the years the process was ongoing). The lawyer considered it a "nonsense" decision and we refiled the same case. It was rejected again in 2008 and shortly thereafter I received my NTA.
            Last edited by magra; 10th August 2009, 02:46 PM.

            Comment


            • #7
              considering whats happening in the US -economy wise -you will be better off in Germany

              Comment


              • #8
                I filed for cancellation of removal just couple of weeks ago. My application is pending at the TSC. I was wondering how long does it take for such application to be processed. I already received an appointment for biometrics. Any thoughts????

                Comment


                • #9
                  Originally posted by egragjevi View Post
                  I filed for cancellation of removal just couple of weeks ago. My application is pending at the TSC. I was wondering how long does it take for such application to be processed. I already received an appointment for biometrics. Any thoughts????
                  Cancellation of Removal is filed with EOIR an independant entity from USCIS. So I don't understand what you mean by pending at TSC. The only way to file for COR is to tell the court at your master hearing what kind of relief you're seeking from being deported. Please clarify how your COR application is pending at TSC.

                  Comment


                  • #10
                    do one thing just filed mtr on the denied case asn tell the judge in hearing that ur decision is still pending . and ask a lawyer that there is law if ur kid is born in us and age of 10 and older u can file ur green card
                    regards
                    nick

                    Comment


                    • #11
                      You really can't file a MTR because things didn't turn out to your benefit. You need new evidence that would have effected the outcome of your case. As far as the children go, they can not file anything for the parents until they are 21 years old age. Your kids not speaking german is not going to qualify as a "Exceptional and Extremely Unusual Hardship" they are young, and can learn.

                      Comment


                      • #12
                        Originally posted by dafortycal View Post
                        You really can't file a MTR because things didn't turn out to your benefit. You need new evidence that would have effected the outcome of your case. As far as the children go, they can not file anything for the parents until they are 21 years old age. Your kids not speaking german is not going to qualify as a "Exceptional and Extremely Unusual Hardship" they are young, and can learn.
                        The BIA has granted COR before because a 14 year old child could not speak/read/write chinese and that was enough to establish unusual hardship. see In Matter of Kao and Lin, 23 I&N Dec. 45 (BIA May 4, 2001)

                        Comment


                        • #13
                          I apologize I was not clear enough.

                          I applied for cancellation of removal at my master hearing in front of the immig judge. I did not have biomtrics done, so the judge allowed us to file by mail. so, this is how my application ended up in TSC.

                          I have 2 pending applications. One is my asylum that is scheduled for a hearing in Nov 2010 and the cancellation of removal application.


                          Would this case be heard from the judge on the same day as the asylum case?

                          Also, the cancellation of removal application has been accepted at the TSC as form I485.

                          Can I apply for advanced parole if I am in removal proceedings (judge will hear my asylum case in Nov 2010 and a pending cancellation of removal application)
                          Thank you
                          Last edited by egragjevi; 31st October 2009, 10:25 PM.

                          Comment


                          • #14
                            egragjevi,
                            Let us know about your case. I am interested on knowing how your case progresses. I have a friend going through the same process. To answer your last question, though late, i am pretty sure you can't apply for advance parole - since they won't allow you back in the country- due to removal proceedings being active. Also, I don't think both cases can be heard on the same case, since the calenders are usually full.
                            g'luck on the hearings.
                            Location: West Palm Beach, FL
                            Sent 485, 245i, I-765, I-864,sealed I-693 Nov 19, 2010
                            11/22/2010: Received
                            12/1/2010 : Notice Date
                            12/4/2010 : Received NOAs
                            12/10/2010: Received Biometrics - Done!
                            12/22/2010: RFE on CASE STATUS
                            01/05/2010: EAD Card production ordered...
                            01/12/2010: RFE on taxes and Birth Certificate
                            01/13/2010: EAD Received! . while on RFE
                            01/13/2010: RFE Sent
                            01/18/2011: Interview letter received - RFE was just sent out!
                            02/17/2011: Interview!

                            Comment


                            • #15
                              Case granted

                              Thanks for all the responses. This is just an update on the case. I was able to get a positive ruling and the deportation was canceled due to "Exceptional and Extremely Unusual Hardship". Needless to say, I am very happy about it ... even though there is the possibility for the government to appeal the decision within 30 days.

                              Originally posted by James Mills View Post
                              Very, very, good question.

                              Cancellation of removal for non-LPRs is extremely difficult. It does not sound as if you are even close but the situation is so fact sensitive that it is impossible to do without an in-depth discussion and analysis.

                              The standard is "Exceptional and Extremely Unusual Hardship" to the USC relative. Good luck with that.

                              Your highest probability of staying in the US would be to find some avenue to become eligible to file an I-485.

                              You definitely need an attorney for this.

                              Jim Mills
                              941-323-3711

                              Comment


                              • #16
                                Congrats!! and give my regards to your smart lawyer. Can you pls tell us what type of extreme and unusual hardship category your case was filed under. Also, what type of relief was provided. My understanding of COR is that you may now satisfy to apply for permanent residence - they can't just leave you hanging in the air?
                                Always nice to hear a case go well!!
                                Location: West Palm Beach, FL
                                Sent 485, 245i, I-765, I-864,sealed I-693 Nov 19, 2010
                                11/22/2010: Received
                                12/1/2010 : Notice Date
                                12/4/2010 : Received NOAs
                                12/10/2010: Received Biometrics - Done!
                                12/22/2010: RFE on CASE STATUS
                                01/05/2010: EAD Card production ordered...
                                01/12/2010: RFE on taxes and Birth Certificate
                                01/13/2010: EAD Received! . while on RFE
                                01/13/2010: RFE Sent
                                01/18/2011: Interview letter received - RFE was just sent out!
                                02/17/2011: Interview!

                                Comment


                                • #17
                                  Thanks. Not sure if there are different categories of the EEU Hardship, but the decision was based on hardship on our USC kids, in particular the oldest one. I was granted permanent residency, pending background check based on fingerprints. As far as I understand it is a straight path from here to the GC, and if there is no appeal from DHS (within 30 days), I should have the actual greencard in a matter of months.


                                  Originally posted by khan6000 View Post
                                  Congrats!! and give my regards to your smart lawyer. Can you pls tell us what type of extreme and unusual hardship category your case was filed under. Also, what type of relief was provided. My understanding of COR is that you may now satisfy to apply for permanent residence - they can't just leave you hanging in the air?
                                  Always nice to hear a case go well!!

                                  Comment


                                  • #18
                                    Hi Magra

                                    I sent you a PM. Can you please respond.

                                    Thanks so much.

                                    Comment


                                    • #19
                                      sent a response

                                      Originally posted by dnastar View Post
                                      Hi Magra

                                      I sent you a PM. Can you please respond.

                                      Thanks so much.

                                      Comment


                                      • #20
                                        Hi magra:
                                        Congratulations on the positive ruling.
                                        Can you please share your lawyer contact- I sent you a PM.

                                        Babuda

                                        Comment

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