Cancellation of Removal and Deportation: FAQs
1. If I have a child who is a U.S. citizen, can I obtain legal status in the U.S.?
2. My relative was stopped at an airport (in any U.S. city) and released to my custody, what are my responsibilities and what does my relative have to do?
3. I was previously ordered deported, but I have not left the U.S. Is there anything I can do?
You can do one of two things: 1). Apply in the court that issued the order of deportation, for the court to vacate or cancel 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 makes sense to pursue any of these options.
4. If I am in removal proceedings, can I renew my work authorization?
In some situations you can. 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.
(Note: while you are eligible, the Immigration Service may refuse to issue work authorization, as the regulations have not clearly defined the procedure.)
5. If I have an order of deportation, would I still be eligible for any immigration benefits?
6. If I have been in the U.S. for a long time can I obtain a green card or residency?
7. My relative was stopped at an airport (in any U.S. city) and released to my custody, what are my responsibilities and what does my relative have to do?
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.