regarding a 10 years stay of good moral - Page 2

I'm assuming you're already in removal proceedings so it may be your only chance. I wouldn't have much hope of getting it from what you described. You don't meet the criteria of hardship to a USC or green card holder. There have been a couple articles out recently about student visa overstays. From the sound of it F1 or J1 overstays are too common for a judge to stretch the relief rules.

Not likely, unless you adopt your nephew. According to the INA it has to be a spouse, parent, or child. A nephew isn't an "immediate relative," by their standards. You'd likely have a better chance of pleading your case for other relief from a judge. I wouldn't call immigration on myself for the chance though.

no i am not in the removal process, and i do have a citizen relative.
so will i be eligible ?

When asking a question try to give the majority of details if possible as it pertains to what you want to know.Fragmented information will always reflect the respected answer or details you seek.

Cancellation of Removal is only for people in removal proceedings.If placed in removal proceedings NO one can say because you haven't listed what relative you would qualify through and enough details to say if you do or not !!!!

The following questions are required to be asked before anyone can say:

1.Do you have a criminal record in the US or ever had any run-in with local police ?

2.Have you lived in the US for the last 10 years ?

3.What is the ' citizen relative's ' relation to you in which you think you qualify for 'Cancellation of Removal' ?

Also if this alien is a Dreamer or not? We are all aware of the that memo that was released recently.

You also get the GC if the COR is approved right?

"You also get the GC if the COR is approved right?"

To the best of my knowledge, there is no guarantee of a GC. It just means you won't be deported then and you can apply for a GC. Unless you already have a GC, then you revert back to your original status. It seems like a pretty blurry area from what I can find on the USCIS website.

I've read that memo and don't see where it guarantees anything. Discretion is in the title and it is what it is. I wouldn't bet my life here on anything that doesn't specifically say they are barred from deporting us. I also don't think I'd want to rely on the discretion of an individual ice agent. It would be great to get the guy that just wants to get home on Friday, but what happens if he's a real stormtrooper?

no, no criminal record thank god and the relative is a sister who is a citizen. next month it will be 10 years of living in the USA

If Cancellation of Removal is approved technically you can get a GC but that is if the Government also doesn't appeal the case !!!!!!!!

Most of the time the Government does unless the evidence is overwhelming in meeting the "exceptional and extremely unusual hardship" and other requirements.Cancellation of Removal is certainly not guaranteed and is very difficult to be approved for by any applicant in formal removal proceedings.

The memo is also not a guarantee from removal if you have no legal paperwork in the US.The memo simply urges Attorneys and agents under ICE to consider potential positive factors on if to dismiss proceedings or even issue deferred action if warranted for the individual case at the discretion of said individual ICE agent or attorney.

Only Guarantees from removal are Legal Permanent residency and US citizenship,and that has not changed.
Siblings are not considered to be "immediate relatives" for the purpose of Cancellation of Removal,therefore you do not qualify for it if placed in formal removal proceedings.

Immediate relatives are considered to be a child,parent or spouse whom has US citizenship or Legal permanent residence.

The gov't would actually spent their time and money for 1 alien?

You can remove someone from the US if someone is a USC?

If the son is under 21 and the mother is USC then that is a immediate relative but if he is one day older then 21 then he is not right?