illegal immigrant trying to apply for cancellation of removal

M

mariawatts32910

New Member
I have been here since I was 8 im now 19. i have been married to a us citizen for two years and we have a 1 year old baby together. I dont want to file for a green card directly because I dont want them to send me to mexico. I have a good record. I was an average student in hs and me and my husband are currently in college. I want to know what are my chances of getting aproved for the cancellation of removal. Me leaving to mexico would result in my baby being left without a mother.and my husband wont be able to manage.without me because of work, school and our baby.
 
Are you sure that you have to rely on that option? Can you be "grandfathered" for INA 245(i)? Did anyone file anything for you or a parent before April 30, 2001? Did you simply overstay a visa way back then? It makes a big difference.

8 CFR § 1240.20 Cancellation of removal and adjustment of status under section 240A of the Act.

(a) Jurisdiction. An application for the exercise of discretion under section 240A of the Act shall be submitted on Form EOIR–42, Application for Cancellation of Removal, to the Immigration Court having administrative control over the Record of Proceeding of the underlying removal proceeding under section 240 of the Act. The application must be accompanied by payment of the filing fee as set forth in §103.7(b) of 8 CFR chapter I or a request for a fee waiver.

(b) Filing the application. The application may be filed only with the Immigration Court after jurisdiction has vested pursuant to §1003.14 of this chapter.

(c) For cases raised under section 240A(b)(2) of the Act, extreme hardship shall be determined as set forth in §1240.58 of this part.

You need to look up the two references in (c) above and read them. Find on www.uscis.gov on the laws tab.
 
You do not want to go the COR route. You can only do that by going to the INS office and telling them that I'm illegal, and I want to place my self in deportation proceedings. A judge will more than likely deny COR, because they would be thinking that you're gaming the system.
On the flip side, if you were not inspected when you came to the US, your US Citizen spouse cannot file for Green Card for you. So you're stuck.
 
Download a I-130 & I-485 applications, see if they are any help. Your husband should just visit the local USCIS and talk to the people at the front counter about which paperwork he needs to fill out. They are not going to gather his information, follow him home, or anything like that. This stuff happens all the time. Chance are you would be granted COR if put in proceedings. Worse case, you might have to return to Mexico with your baby, and wait there while he completes the needed paperwork to bring you back legally. Have him talk with someone from USCIS, most folks in these forums are clueless or guessing, and those who do know about immigration, don't know everything.
 
Don't do COR that's a sure way of getting you deported. A judge won't have any sympathy by volunteering yourself for it.
I130 and I485 are only an option if you were inspected when you entered the US or If you're grandfatherd for 245I. Otherwise he can't file for you. I'm not aware of any waivers for the inspection issue.
 
Another option.
He files for you.
You go back to Mexico and go thru consular processing.
In that scenario you would need a I601 waiver which I think you would likely be approved for.
This process might take a year. But once approved you would never have to worry about this again.
If you were inspected all he has to do is file for you.
 
1) For COR you have to be on deportation procedures. Meaning you are or have been detained or served with a NTA
2)COR cases are probably the hardest to get approved and the length of the process is average 4 years with a no guarantee.
3)Unusual and Extreme Hardship means your qualifying relative In this case your kid has a condition so severe or a desease so severe that in you are in Mexico he will be basically suffering because of this. This suffering goes beyond the financial situation or lenguaje barrier or social status in your home country

So you really don’t want to go this avenue
 
Rodasaspen said:
1) For COR you have to be on deportation procedures. Meaning you are or have been detained or served with a NTA
2)COR cases are probably the hardest to get approved and the length of the process is average 4 years with a no guarantee.
3)Unusual and Extreme Hardship means your qualifying relative In this case your kid has a condition so severe or a desease so severe that in you are in Mexico he will be basically suffering because of this. This suffering goes beyond the financial situation or lenguaje barrier or social status in your home country

So you really don’t want to go this avenue
Click to expand...

I presume OP has already acted as it has been over 8 years since the query you are responding to.
 
Rodasaspen said:
1) For COR you have to be on deportation procedures. Meaning you are or have been detained or served with a NTA
2)COR cases are probably the hardest to get approved and the length of the process is average 4 years with a no guarantee.
3)Unusual and Extreme Hardship means your qualifying relative In this case your kid has a condition so severe or a desease so severe that in you are in Mexico he will be basically suffering because of this. This suffering goes beyond the financial situation or lenguaje barrier or social status in your home country

So you really don’t want to go this avenue
Click to expand...
Thanks @Rodasaspen
 
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