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Cancellation of Removal and Deportation FAQs
1. If my child is a U.S. citizen, can I get a Green Card?
If you have a U.S. citizen child, you can obtain legal status in the U.S. under two circumstances:
1). If your child is over the age of 21 with the ability to support you, your child can file a residency petition for you, if you came into the U.S. with a visa. If you did not enter the U.S. with a visa, you may be eligible for a waiver (or pardon) that may allow you to adjust to legal status, or you may also adjust status if you are 245(i) eligible, or
2). If you have been in the U.S. for 10 years and you can demonstrate that your child of any age will suffer an exceptional and extremely unusual hardship if you are removed to your native country, you may file for cancellation of removal or deportation.
2. My relative was stopped at a U.S. airport and released to my custody, what are my responsibilities and what does my relative have to do?
Your responsibility as a “sponsor” is to make sure that the relative goes to court on the scheduled date or you will lose the money that was paid to secure your relative’s release. If the released relative does not show up to court, there are no other risks or penalties for the sponsor. The relative must appear at all scheduled immigration hearings or appointments.
3. I was previously ordered deported, but I have not left the U.S. Is there anything I can do?
If you were ordered deported in the past and you have not left the U.S., you may do one of two things:
1). Apply for the court to vacate or cancel the order of deportation, in the court that issued the order of deportation, or
2). Apply with the Immigration Service to waive or cancel your former order of deportation.
If you are outside of the U.S., you may request permission from the U.S. Attorney General to re-enter the country. These are extremely complicated procedures and their success depends on the individual history and circumstances of the person applying. Consult an attorney to evaluate if it is appropriate to pursue any of these options.
4. If I am in removal proceedings, can I renew my work authorization?
If you are in removal proceedings you may renew your work authorization in many situations. For example, if you were:
- Paroled (or permitted to enter) into the U.S. for the purpose of applying for asylum.
- If you have an asylum claim pending, for which you were previously issued employment authorization.
- If you are eligible for TPS (Temporary Protected Status)
- If you have a residency petition through employment.
- If you are eligible for relief under the “10 Year Law”
- If you have an approved VAWA petition
5. If I have an order of deportation, would I still be eligible for any immigration benefits?
The first thing to look at in this situation is whether the deportation order can be changed or eliminated. The law gives someone who has been ordered deported by an immigration judge the chance to have that decision reviewed and possibly vacated. If it is not possible to change the deportation order, and the person already has or will soon have an approved visa petition, they can then file a “Request for Admission After Deportation”, using form I-212.
6. If I have been in the U.S. for a long time, can I obtain a green card or residency?
IMPORTANT NOTE ABOUT THIS DOCUMENT
The information contained here is general in nature and it may not necessarily apply to all situations. It is also subject to change at any point in time. Therefore, under no circumstance it should be construed as legal advice. Please ensure that you consult with an attorney regarding your specific situation before starting a legal process.
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