Individual Hearing

johnnytest

New Member
Hello,
Long Story Made Short: I am came to US with my mom when I was 2. My dad came earlier. And we all overstayed our visas. My sister was born here and is a citizen. So now we are in removal proceedings and filed a EOIR -42B to cancel the removal and obtain permanent status. We have an individual hearing coming up soon for me, my mom, and dad. I am 18 now and my sister is 15. I was wondering what to expect at the individual hearing. Are there any specific questions we will be asked?

Also, what do you think are the chances for our case:
We live in the country for 16 years continually.
No crime record. Very good moral behavior.
Lastly, the extreme hardship for my sister involves the following:
She is a minor with no financial support except from our dad.
She does not speak our native language well. She cannot read or write in our native language.
Our native country is Bangladesh which is a third world country and we have no place to live there.
She is in an excellent high school for gifted children. She plans on becoming a doctor.
She is very smart and talented. She is very fluent with English and loves to read books. Not little kids books but adult type books. I really believe she has a promising career ahead of her.
Mentally, she is very clingy to our mom. We are not the kind of family to be separated. In fact, I have seen my parents everyday for the last 16 years.
In Bangladesh, she will not be able to get an education, no health care, no job.
Basically her dream will not come true and she will be heartbroken.

There are hardships to my mom, dad, and me. But with this case, the hardships to the U.S. citizen matters most. So I listed her hardships. What do you guys think?
 
Has anybody (relative or employer) ever filed an immigrant petition for you or your family?

You said you are 18 ... are you still less than 180 days past your 18th birthday? If yes, there may be some hope for you.

Her hardships don't seem extreme at all. She is a US citizen, so she can choose to stay in the US with a friend or relative, or be in the foster care system (which may be a hardship but not an "extreme" one). Then she can go on to college (where she'll surely get a scholarship if she's as gifted as you describe). If she goes to Bangladesh, she can still return to the US for college.
 
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INA 240A(b) requires 10 years physical presence, good moral character, not inadmissible under specified grounds, AND:

(2) Non-LPR's....

(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.

Your parents might be able to show an "extreme hardship" to a qualifying relative, but you can't, you would have to be a derivative to the parents. It is a longshot.
 
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