Summary
To qualify for Section 245(i) protection, you must have been in the U.S. On December 21, 2000, with a petition filed by April 30, 2001. For cancellation of removal, continuous U.S. Presence for 10 years, good moral character, and hardship to a U.S. Citizen or LPR relative are required. A provisional waiver needs an approved visa petition and proof of extreme hardship to a U.S. Citizen or LPR spouse or parent. If no extreme hardship exists, it may affect waiver chances. Consider health, financial, educational, and emotional factors to demonstrate hardship.Full Conversation
does my client meet cancelation of removal if he entered with a b1/b2 visa
To determine if your client meets the criteria for cancellation of removal, several factors need to be considered:
- Continuous Physical Presence: Has your client been continuously present in the U.S. for at least 10 years?
- Good Moral Character: Can your client demonstrate good moral character during this period?
- Exceptional and Extremely Unusual Hardship: Would your client’s removal cause exceptional and extremely unusual hardship to a qualifying relative (U.S. citizen or LPR spouse, parent, or child)?
Can you provide more details about your client’s length of stay and family situation?
client has been living for 31 years
To determine if your client qualifies for cancellation of removal:
- Continuous Physical Presence: Your client has been in the U.S. for 31 years, exceeding the *-year requirement.
- Good Moral Character: Evidence needed to demonstrate this.
- Exceptional and Extremely Unusual Hardship: Must show hardship to a qualifying relative (U.S. citizen or LPR spouse, parent, or child).
Does your client have any qualifying relatives?
what does qualifying relatives mean
Qualifying relatives refer to U.S. citizens or Lawful Permanent Residents (LPR) who are your spouse, parent, or child. These relatives are essential in proving the "exceptional and extremely unusual hardship" requirement for cancellation of removal. Does your client have a spouse, parent, or child who is a U.S. citizen or LPR?
client has U.S. citizen spouse
Your client may have a strong case for cancellation of removal, given their *-year presence and U.S. citizen spouse.
Key Points:
- Continuous Physical Presence: 31 years in the U.S.
- Good Moral Character: Evidence needed.
- Exceptional and Extremely Unusual Hardship: Hardship to U.S. citizen spouse.
Would you like information on gathering evidence for good moral character or proving hardship?
if client had a b1 or b2 visa does he qualify for provisional waiver
A provisional waiver (Form I-601A) allows certain immigrant visa applicants who are relatives of U.S. citizens or lawful permanent residents to apply for a waiver of their unlawful presence before they leave the U.S. to attend their immigrant visa interview. To qualify:
- You must be physically present in the U.S.
- You must have an approved immigrant visa petition (Form I-* or I-*).
- You must demonstrate that your U.S. citizen or LPR spouse or parent would suffer extreme hardship if you are not granted the waiver.
Does your client have an approved immigrant visa petition?
yes
Your client’s case seems promising for both cancellation of removal and a provisional waiver.
To proceed with the provisional waiver:
- Ensure the approved immigrant visa petition is up-to-date.
- Gather evidence of extreme hardship for the U.S. citizen spouse.
Would you like more information on how to gather and present evidence for the waiver application?
what if there is no extreme hardship
If there is no extreme hardship, it could significantly affect the chances of obtaining a provisional waiver. The waiver requires demonstrating that the U.S. citizen or LPR spouse (or parent) would suffer extreme hardship if the applicant is not granted the waiver.
Would you like information on what constitutes "extreme hardship" and how it can be demonstrated?
yes
Extreme hardship can be demonstrated through various factors, such as:
- Health issues: Medical conditions needing treatment in the U.S.
- Financial impact: Loss of employment or economic support.
- Educational disruption: For children or spouse.
- Personal and emotional impact: Separation from family.
Would you like more details on gathering evidence for these factors?
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