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?
Category: Immigration Law
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.
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...
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.
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...
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:
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.
10+ years of experience in various aspects of U.S. Immigration Law.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).