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-   -   Has anyone applied for legal status due to having a sick child (http://dreamact.info/forum/showthread.php?t=83619)

valeriab 06-03-2019 06:09 PM

Has anyone applied for legal status due to having a sick child
 
I have a son who was born with a rare condition. I called 3 different attorneys and they all give me different answers. has anyone been through it before while under DACA?

agoodperson 06-03-2019 07:14 PM

Re: Has anyone applied for legal status due to having a sick child
 
Sorry to hear about your child. First of all, is your child’s US citizen? If so, you should contact a attorney. If you have been here for over 10 years, you may be able to file for cancellation of removal.

I’m not an attorney. Speak to an immigration attorney.

Demise 06-03-2019 09:43 PM

Re: Has anyone applied for legal status due to having a sick child
 
Quote:

Originally Posted by valeriab (Post 737047)
I have a son who was born with a rare condition. I called 3 different attorneys and they all give me different answers. has anyone been through it before while under DACA?

What you're looking for is called "Cancellation of Removal".

The requirements are basically as follows:
1. You need to have been here for 10+ years prior to being placed into removal proceedings. (With the exception that an NTA with "Date to be set", "Place to be set" does not stop the clock).
2. Good moral character for the preceding 10 years.
3. Not convinced of any CIMT, certain other felonies.
4. Have a USC or LPR, Spouse, Child(ren), or/and parent(s) who'd suffer "exceptional and extremely unusual hardship" if you were removed from United States.
5. Have not been granted cancellation of removal, suspension of deportation, or relief under former INA 212(c) previously.
6. Have not entered US as an alien crewman (C and D visas) or entered on a J-visa subject to the foreign residency requirement.

This is a hard process, it is limited to only 4,000 grants per year, and there are way more applicants than slots. It can only be sought in removal proceedings and ending up there isn't exactly easy when you want to end up there. On the up-side you are eligible for an EAD while your case is pending but it's case that can only end in one of three ways:
1. You win and get a green card.
2. You lose and get a removal order.
3. Something else comes along and you could withdraw the application and adjust instead.

Can you win it with a sick child? I'd say it's definitely possible but not easy. I am a person that's very DIY, I think any idiot who can read, can do their own AOS, I think you can do your own waivers and VAWA cases if you know what you're doing. For COR my only advice is get a good lawyer.

Got_Daca 06-04-2019 04:23 PM

Re: Has anyone applied for legal status due to having a sick child
 
Quote:

Originally Posted by Demise (Post 737062)
What you're looking for is called "Cancellation of Removal".

The requirements are basically as follows:
1. You need to have been here for 10+ years prior to being placed into removal proceedings. (With the exception that an NTA with "Date to be set", "Place to be set" does not stop the clock).
2. Good moral character for the preceding 10 years.
3. Not convinced of any CIMT, certain other felonies.
4. Have a USC or LPR, Spouse, Child(ren), or/and parent(s) who'd suffer "exceptional and extremely unusual hardship" if you were removed from United States.
5. Have not been granted cancellation of removal, suspension of deportation, or relief under former INA 212(c) previously.
6. Have not entered US as an alien crewman (C and D visas) or entered on a J-visa subject to the foreign residency requirement.

This is a hard process, it is limited to only 4,000 grants per year, and there are way more applicants than slots. It can only be sought in removal proceedings and ending up there isn't exactly easy when you want to end up there. On the up-side you are eligible for an EAD while your case is pending but it's case that can only end in one of three ways:
1. You win and get a green card.
2. You lose and get a removal order.
3. Something else comes along and you could withdraw the application and adjust instead.

Can you win it with a sick child? I'd say it's definitely possible but not easy. I am a person that's very DIY, I think any idiot who can read, can do their own AOS, I think you can do your own waivers and VAWA cases if you know what you're doing. For COR my only advice is get a good lawyer.

Does COR lead to PR?

Malign0n 06-05-2019 01:31 AM

Re: Has anyone applied for legal status due to having a sick child
 
Quote:

Originally Posted by Got_Daca (Post 737087)
Does COR lead to PR?

Yes. Cancellation of Removal for those without legal status leads to permanent residency. Keep in mind that there is a legal limit of 4,000 green cards in a given year. That number is reached quickly and a judge canít approve your case unless a green card is available.

Demise 06-05-2019 06:01 AM

Re: Has anyone applied for legal status due to having a sick child
 
Quote:

Originally Posted by Got_Daca (Post 737087)
Does COR lead to PR?

Yes, if you win your COR case:
1. You will receive a copy of the judge's order stating that you were granted COR and Adjustment of Status, not really good for anything but it's evidence that you're an LPR as soon as you walk out of the courtroom.
2. Immigration judge will notify USCIS that your EOIR-42B was granted and your card is to be printed.
If you apply for COR you first submit a copy of EOIR-42B and the fees to a Special USCIS Service Center in Texas. They will mail you a receipt and biometrics letters. After that you submit the entire packet to the Immigration Judge and he/she is the only actually adjudicating your application for COR/AOS.

EOIR-42B: "Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents"

Also Malignon is right, the main problem is that the quota is 4,000 and there's way more applicants than slots. In general it'll take 4 years to win the case during which you'll have to periodically prove that the reasons still exist. During this time you are eligible for an EAD so you're not utterly screwed. You'd file I-765 under category (c)(10) with the application fee to the Chicago Lockbox: USCIS Attn: FBAS P.O. Box 805887 Chicago, IL 60680-4120, with the EOIR-42B receipt as evidence.

116flow 06-05-2019 10:46 PM

Re: Has anyone applied for legal status due to having a sick child
 
I was thinking of doing this to adjust. But I dont know. it seems like a lot of work and money. I do have 2 USC babies. But I dont think I qualify as for the extreme hardship. Cant prove that. Everything else. I think I do. My wife and I both have daca. Both of my babies are healthy.

The only thing is that if my wife and i were to get removed then my kids would enter in that case. Since were both different nationalities. I have none one to care for them. In other words I dont trust anyone with my kids. Crazy world we live in now.

Malign0n 06-06-2019 12:32 AM

Re: Has anyone applied for legal status due to having a sick child
 
Quote:

Originally Posted by 116flow (Post 737166)
I was thinking of doing this to adjust. But I dont know. it seems like a lot of work and money. I do have 2 USC babies. But I dont think I qualify as for the extreme hardship. Cant prove that. Everything else. I think I do. My wife and I both have daca. Both of my babies are healthy.

The only thing is that if my wife and i were to get removed then my kids would enter in that case. Since were both different nationalities. I have none one to care for them. In other words I dont trust anyone with my kids. Crazy world we live in now.

It is a lot of work and money. This should be considered as an emergency last resort if you find yourself in deportation proceedings. It is not worth putting yourself in that situation for something not guaranteed, stressful, and definitely time consuming.

Exceptional and extremely unusual hardship itself isnít something difficult to overcome. In the immigration court system, the exception and unusual hardship is defined in a way that there is a substantial hardship to the individual(s) that goes beyond the normal hardship one faces when a family member leaves the country. Considering the ages of your children, you and your spouseís different nationalities, those itself are considerable challenges. A competent lawyer can build a strong enough case along with any other factors in your situation (family in the U.S, family abroad, health, circumstances in your home countries, etc)

Demise 06-06-2019 03:20 PM

Re: Has anyone applied for legal status due to having a sick child
 
Quote:

Originally Posted by 116flow (Post 737166)
I was thinking of doing this to adjust. But I dont know. it seems like a lot of work and money. I do have 2 USC babies. But I dont think I qualify as for the extreme hardship. Cant prove that. Everything else. I think I do. My wife and I both have daca. Both of my babies are healthy.

The only thing is that if my wife and i were to get removed then my kids would enter in that case. Since were both different nationalities. I have none one to care for them. In other words I dont trust anyone with my kids. Crazy world we live in now.

If you want to try then there's nothing really preventing you from going to a consultation with a lawyer and letting them give their opinion if you should and if they can win it.

116flow 06-06-2019 08:39 PM

Re: Has anyone applied for legal status due to having a sick child
 
If there's no resolution or some kind of relief then I'll take it as emergency plan. I feel really confident of winning. But just standing a front of a judge to decide if I can stay or not. Its difficult. Specially if its denied. I heard if its denied then you will get deported immediately. If you win then you will walk out as a LPR. I will talk to a lawyer.





Quote:

Originally Posted by Malign0n (Post 737171)
It is a lot of work and money. This should be considered as an emergency last resort if you find yourself in deportation proceedings. It is not worth putting yourself in that situation for something not guaranteed, stressful, and definitely time consuming.

Exceptional and extremely unusual hardship itself isnít something difficult to overcome. In the immigration court system, the exception and unusual hardship is defined in a way that there is a substantial hardship to the individual(s) that goes beyond the normal hardship one faces when a family member leaves the country. Considering the ages of your children, you and your spouseís different nationalities, those itself are considerable challenges. A competent lawyer can build a strong enough case along with any other factors in your situation (family in the U.S, family abroad, health, circumstances in your home countries, etc)



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