Application for cancellation of removal and adjustment of status
A stay of deportation is an order directly the Department of Homeland Security to refrain from removing an immigrant from USA.
It can be granted from the BIA or from a Federal Court.
In the alternative, an alien can apply with ICE for an administrative I-246 stay of removal.
What should I do if I have been placed in Federal immigration removal proceedings?
Thousands of immigrants every year are placed into Federal immigration removal proceedings by the U.S. government. This is because only U.S. citizens and lawful permanent residents are allowed to live and work in the U.S.
Deportation proceedings can be triggered by many causes, such as:
• Visa overstay
• Violations of Visa conditions
• Illegally entering the country (EWI, entry without inspection)
• Commission of a crime
• Commission of fraud or misrepresentation to get immigration benefits
• Falsify immigration documents
A Notice to Appear (NTA) starts removal proceedings against an individual. The NTA will state the grounds for removability. An experienced immigration lawyer will contest the charges of removability and apply for any relief from removal.
Cancellation of removal is available to both lawful permanent residents (Green Card holders) and non-lawful permanent residents.
Green card holders that have been convicted of a crime involving moral turpitude can apply for cancellation of removal if they lived in the United States continuously for at least 7 years, of which 5 years as lawful permanent residents.
Non-lawful permanent residents can apply only if they lived in the U.S. for at least 10 years and they can prove to be of good moral character. The petition is filed with the immigration court through Form EOIR 42A and any supporting evidence.
Moreover, victims of domestic violence by a U.S. citizen of lawful permanent resident spouse can avoid deportation by filing a petition under the Violence Against Women Act (VAWA).
VAWA cases are generally filed by women, although men can apply as well if they can prove eligibility. The petition is filed with USCIS through Form I-360 along with evidence of the abuse, such as police reports, medical reports, pictures, letters, affidavits etc.
If the petition is approved, then a petition for adjustment of status maybe filed with the immigration Court and the abused spouse will receive his or her Green Card.
Applicant for cancellation of removal under section 240A(a)
An applicant for cancellation of removal under section 240A(a) of the Immigration and Nationality Act, 8 U.S.C. ß 1229b(a) (Supp. V 1999), need not meet a threshold test requiring a showing of ìunusual or outstanding equitiesî before a balancing of the favorable and adverse factors of record will be made to determine whether relief should be granted in the exercise of discretion.
Matter of C-V-T-, Interim Decision 3342 (BIA 1998), clarified.
The respondent is a native and citizen of Mexico who adjusted his status to that of a lawful permanent resident on December 1, 1990.
On July 24, 2000, he was convicted of: possession and passing fraudulent resident alien cards, in violation of 18 U.S.C. ß 1546 (1994 & Supp. V 1999); failure to provide migrant workers with terms and conditions of employment, in violation of 29 U.S.C. ß 1821 (1994 & Supp. V 1999) and 29 U.S.C. ß 1851 (1994); and illegal entry or aiding and abetting illegal entry, in violation of 8 U.S.C. ß 1325 (1994 & Supp. V 1999) and 18 U.S.C. ß 2 (1994).
The respondent was sentenced to 8 months of imprisonment for each of the first two offenses, and to 6 months of imprisonment for third offense, with all sentences to run concurrently.
Evidence contained in the record indicates that between January and August 1999, the respondent smuggled aliens into the United States for a fee of approximately $1,500 per person. In addition, he charged each individual approximately $80 per month for rent and $35 per week for transportation to and from work. He sold fraudulent alien registration and Social Security cards to the aliens for approximately $100 apiece. Moreover, the respondent was paid $400 per person for transporting aliens from Arizona to Idaho.