Cancellation of Removal - Opinion

Hi guys,

My wife and I went to an experienced immigration lawyer, with a background of working for ICE for many years, we wanted to ask some questions and see if anything can be done our situation. I'm a DACA recipient in the country since 99, and she is a visa overstay in the country since 2005, we have a 9 yeard old American Citizen daughter.

The lawyer suggested for my wife to go for a Cancellation of Removal, but for that, she needed to be on removal proceedings, which she is not, he said that what he do is can apply for an asylum petition for her, which will get her a chance to be taken to a immigration judge, and then ask for the cancellation of removal.

The whole process can take many years, but as soon as in 5 months she can get a EAD until the whole process goes through.

According to the lawyer, we have a strong case since our daughter does not speak our native language, our native country's unemployment rate is close to 14%, political turmoils and violence, we have strong enough bases to prove hardship to a American citizen (our daughter) if they have to leave the USA.

The lawyer said that he had success with similar cases, and is confident with our situation.

I would like to know you guys' opinion about it?
What do you wall think about it?

I'll say go for it.

Keep in mind that COR is limited to 4,000 approvals for year, so expect to get your case adjured and rescheduled for next year, and the next year, etc.

Filing an asylum claim for the purposes of getting placed into proceedings sounds like a very bad idea. Also it is very difficult to meet the hardship requirements for a COR case, they usually get denied if the U.S. Citizen qualified relative is not suffering from a medical condition or a learning disability. I have been told that IF I get detained, then COR is something I can apply for because I have a qualified relative. I asked if there was a "safe" way to get placed into proceedings so that I could get COR and the attorney basically said DON'T! He actually mentioned the scenario described above, he said that some notario's were filing bogus asylum claims to get people into court, but that it almost never went well. I was basically told that COR is a great way to extend a case for like 5 years, enough to outlast the Trump presidency, and get my case closed with PD when those rules come back. But that COR was a last ditch effort to be used in an emergency to get me as much time as possible, not as something I should actively seek. Please seek a second and third opinion from different immigration attorneys before you go forward with getting your wife placed in proceedings on purpose.

It is a bad idea. In fact, if the lawyer was experienced he would know court has gotten a bit tougher. They have been issuing sanctions against lawyers who file frivolous asylum claims. It is these types of actions that cause so much delay within the system itself.

Not a good idea!

Thanks for the heads up guys.