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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105670
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I would like to know about Cancellation of Removal--how long

Resolved Question:

I would like to know about Cancellation of Removal--how long it takes to get a hearing once the papers are filed, approximately how long does it take to get a green card after the judge makes a favorable decision?
Submitted: 5 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.
Are you currently in Removal Proceedings? And I think I am going to have bad news for you because Cancellation isn't exactly what you think it is.
Customer: replied 5 years ago.
We in Us for 14 years,we have two children that were born here-7,5years boy and 3,5 years old girl.We need green card for us and our 16,5years old son,who came here with us with tourist visa in 1996...
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.
Well, here's the thing, Cancellation of Removal is not just about 10 years or more in the U.S. You have to prove that a U.S. Citizen or U.S. Lawful Permanent Resident that depends upon you will suffer EXCEPTIONAL and EXTREMELY UNUSUAL hardship if you are deported. Sure, you have the U.S. Citizen children that depend on you, but the hardship has to be much more than emotional or economic hardship that the children will suffer. It is a high bar to reach. If you lose, you are deported. If you win, they just don't deport you. The other bad news is that you do not get a Residency. You can apply for a work permit every year, but you do not get a Residency. You also cannot travel outside of the U.S. because you would self-deport yourself even after getting Cancellation approved. I am truly sorry. I wish I had better news for you. If you are granted Cancellation, in the future, when one of your children turns 21, they can petition a Residency for you, but you have to motion to reopen the deportation case and there is no guarantee that they will do that. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge, if not, please do not forget to click ACCEPT. That is the only way that I can get paid a small percentage of your deposit. If you do not click accept, the website gets 100% of your deposit and I get nothing. When you click accept, you are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. If you would like to request me in the future, just put my name on the subject line. Positive feedback for my service to you (not the state of the law as it is) is always appreciated as well as any bonus if you think I deserve it. Thank you.
Customer: replied 5 years ago.
You also cannot travel outside of the U.S. because you would self-deport yourself even after getting Cancellation approved...WHY????I read in the emigration law,that u can,if u are granted the cancellation????I will pay u-no problem,but I need more info,because we did the paper work with our lawyer about 1,5 ago and still waiting for date to go to court-he has no question,that we will get the cancellation,which is like green card...
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

Yes, you are correct. I apologize. I was running out of the office for a hearing when your question came in and I was thinking Witholding of Removal, not Cancellation of Removal. If you are granted Cancellation of Removal, you will be able to Adjust Status to U.S. Lawful Permanent Residency and you will be allowed to travel. However, proving the level of hardship has always been the problem with that type of relief. Take a look at this link for more information on that:

 

http://www.ilw.com/articles/2001,0614-Shusterman.shtm

 

If you are already in removal proceedings, then it is a good shot for you to take because it is not like you have much choice in the matter. How long it takes to get a hearing depends on the Immigration Judge and how big their caseload is. Normally it should not take more than 6 months or so. If you are not in removal proceedings and you are applying for Cancellation of Removal without being before an Immigration Judge, it is a big risk because if you lose, you will end up in Removal proceedings and can and most likely will be deported. Please let me know if you have any additional questions and again, I apologize for the confusion.

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