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Cancellation of Removal - chances and case references?

Discussion in 'Exclusion or Removal from USA' started by magra, Aug 6, 2009.

  1. magra

    magra Registered Users (C)

    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 a moderator: Aug 6, 2009
  2. bahamas68

    bahamas68 Registered Users (C)

    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.
  3. magra

    magra Registered Users (C)

    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 a moderator: Aug 7, 2009
  4. Topeka6000

    Topeka6000 Registered Users (C)

    may I ask.. did you get a labor certification? and if yes when?
  5. James Mills

    James Mills Registered Users (C)

    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
  6. magra

    magra Registered Users (C)

    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 a moderator: Aug 10, 2009
  7. bmx88

    bmx88 Banned

    considering whats happening in the US -economy wise -you will be better off in Germany
  8. egragjevi

    egragjevi Registered Users (C)

    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????
  9. bahamas68

    bahamas68 Registered Users (C)

    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.
  10. nick0076

    nick0076 Registered Users (C)

    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
  11. dafortycal

    dafortycal Registered Users (C)

    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.
  12. AzBlk

    AzBlk Registered Users (C)

    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)
  13. egragjevi

    egragjevi Registered Users (C)

    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 a moderator: Oct 31, 2009
  14. Topeka6000

    Topeka6000 Registered Users (C)

    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.
  15. magra

    magra Registered Users (C)

    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 :D ... even though there is the possibility for the government to appeal the decision within 30 days.

  16. Topeka6000

    Topeka6000 Registered Users (C)

    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!!
  17. magra

    magra Registered Users (C)

    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.

  18. dnastar

    dnastar Registered Users (C)

    Hi Magra

    I sent you a PM. Can you please respond.

    Thanks so much.
  19. magra

    magra Registered Users (C)

    sent a response

  20. abhuda

    abhuda Registered Users (C)

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


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