REMOVAL DEFENSE

Cancellation of Removal is a defense available only in deportation. Therefore, in order for a person to invoke the defense, first there must be a deportation case pending. Many clients refer to this program as the “10-year” law.   Why call it the 10-year law? Because one of the requirements is that an immigrant has lived in the US for 10 years. Whereas for permanent residents the requirement is only 7 years. 

 The program is codified in 8 U.S. Code § 1229b – “Cancellation of removal; adjustment of status”

One defense to removal is establishing a claim under the Asylum law of the United States. The written application is only one. But there are three sub-defense.

1) Asylum 
2) Withholding of Removal
3) Protection under the Convention Against Torture (CAT).

Somedays it feels like it is a full time job just keeping track of all the DACA changes. We can all agree that this has been the most litigated topic in Immigration lately. Let’s go over what is the program now and how is eligible to apply. 

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We are very excited for our client’s adjustment of status grant and that he is now a permanent resident. This adjustment of status grant story is particularly successful, because the case was originally in Removal Court.
Congratulations to our client and her spouse for having just been issued an Immigrant Visa at the US Consulate in Guatemala City, Guatemala. After being in the US for about 7 years, our client was able to go back to her country of origin to see her family again and attend her immigrant visa interview.
I am very excited for expediting my clients’ immigrant visa processing with the US consulate in Cuidad Juarez, Mexico. In the first case, the matter was pending after an I-601 waiver was filed for adjudication. Once the waiver was approved, the consulate was closed for a significant time due to the COVID-19 pandemic.