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-   -   regarding a 10 years stay of good moral (http://dreamact.info/forum/showthread.php?t=22584)

ron11 06-28-2011 08:04 PM

regarding a 10 years stay of good moral
 
Cancellation of Removal-Requires a person to be in the United States for at least 10 years, have good moral character [no criminal record] & proof that their departure would cause extreme & exceptionally unusual hardship to an immediate relative Permanent resident or U.S. citizen. It is not an easy immigration benefit to pursue while in removal proceedings.

Does anybody know the success rate or more information please?
Thank you

LifeDreamer 06-28-2011 08:10 PM

Re: regarding a 10 years stay of good moral
 
Where I live it seems 100% success rate... My friend married his pregnant girl got an apartment and all is good..

What I want to know is what is acceptable extreme & exceptionally unusual hardship??

Jacka 06-28-2011 08:43 PM

Re: regarding a 10 years stay of good moral
 
[quote=LifeDreamer;223974]Where I live it seems 100% success rate... QUOTE]

Is that kind of like "30% of the time, it works every time?" :mrgreen:

I imagine the hardship issue varies from judge to judge. In the case of your friend one judge said your friends wife being pregnant was enough. A judge somewhere else could decide that she wouldn't be the first single mother in America and send him packing.

I've known of a few people that had some pretty tough circumstances that were still ripped away from their family and friends by some hard line dickhead judge. I'd bet a lot depends on the lawyer too.

LifeDreamer 06-28-2011 08:58 PM

Re: regarding a 10 years stay of good moral
 
[quote=Jacka;223981]
Quote:

Originally Posted by LifeDreamer (Post 223974)
Where I live it seems 100% success rate... QUOTE]

Is that kind of like "30% of the time, it works every time?" :mrgreen:

I imagine the hardship issue varies from judge to judge. In the case of your friend one judge said your friends wife being pregnant was enough. A judge somewhere else could decide that she wouldn't be the first single mother in America and send him packing.

I've known of a few people that had some pretty tough circumstances that were still ripped away from their family and friends by some hard line dickhead judge. I'd bet a lot depends on the lawyer too.

Could it depend where you live as well? For instance Southern California Vs. South Carolina.. Or Alabama..

ron11 06-28-2011 10:46 PM

Re: regarding a 10 years stay of good moral
 
what if it has nothing to do with a wife or a pregnant wife. just a student who lived here for 10 years? of course with a good lawyer.
the chances are good?
because that is what a lawyer suggested to do and he said for now that is the only way.

jamesp 06-28-2011 11:19 PM

Re: regarding a 10 years stay of good moral
 
I would get a second opinion. Prior to 1996, only 10 years of continuous stay with no criminal history had decent chances for a cancellation of removal. Since 1996, (thanks to Lamar Smith, Bill Clinton et. al.), 10 years stay alone is not enough. 10 years stay AND extreme hardship to USC or PR kin is required.

Quote:

Originally Posted by ron11 (Post 223997)
what if it has nothing to do with a wife or a pregnant wife. just a student who lived here for 10 years? of course with a good lawyer.
the chances are good?
because that is what a lawyer suggested to do and he said for now that is the only way.


Ianus 06-29-2011 12:27 AM

Re: regarding a 10 years stay of good moral
 
Quote:

Originally Posted by ron11 (Post 223997)
what if it has nothing to do with a wife or a pregnant wife. just a student who lived here for 10 years? of course with a good lawyer.
the chances are good?
because that is what a lawyer suggested to do and he said for now that is the only way.

That doesn't sound right,You would require an immediate legal relative in order to qualify for Cancellation of Removal.The immediate relative would be required to be either a US citizen or Permanent resident.
Quote:

(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.
The exceptional and extremely unusual hardship standard is also very difficult to prove unless the circumstance pertaining to the immediate legal permanent resident or US citizen relative absolutely requires the person's stay to be legal here due to a variety of permanent conditions that could exist on the legal relative here in the US or outside of it .[e.g.

Thecure 06-29-2011 01:05 AM

Re: regarding a 10 years stay of good moral
 
so... Lets say I've been here for over 10 years and I have a nephew that is 8 years old and his family left to their home country and I was his only relative..... could that help me out... ?

DA User 06-29-2011 01:57 AM

Re: regarding a 10 years stay of good moral
 
Quote:

Originally Posted by ron11 (Post 223972)
Cancellation of Removal-Requires a person to be in the United States for at least 10 years, have good moral character [no criminal record] & proof that their departure would cause extreme & exceptionally unusual hardship to an immediate relative Permanent resident or U.S. citizen. It is not an easy immigration benefit to pursue while in removal proceedings.

Does anybody know the success rate or more information please?
Thank you

I would speak to a lawyer on this. Each case is different. There is also a new memo about the Dreamers.

chillipixel 06-29-2011 09:22 AM

Re: regarding a 10 years stay of good moral
 
Note to all... get a second opinion. Stat! Especially one from a lawyer.


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