There are two different kinds of Cancellation of Removal Applications, and different standards apply. There is one for people who have received a green card, and there is another kind for people who entered the USA without documents. This article will address those who entered without documents, also known as 42B Cancellation.
If you came to the United States without documents but you are married to a U.S. citizen or permanent resident, you cannot file for a green card from within the United States. You will need to obtain the green card through consular processing after the Petition filed by your spouse is approved. If you have spent more than one year in the United States, you will also need to file for a waiver for your unlawful presence.
Not all naturalization cases are easy. The easy ones are those in which the applicant can easily establish five years of good moral character prior to filing. But some people have a less than perfect record. Once the entire record is obtained and reviewed by the attorney, the attorney can tell you whether to take a risk and apply, or whether to not apply at all.
Expedited Removal is a procedure that allows the Department of Homeland Security (DHS) to remove a person coming to the United States without a hearing. Any person who comes to a U.S. port of entry without a visa may be removed in this way. DHS can also remove a person found on U.S. soil if they are undocumented and cannot prove they have been continuously present in the United States for two years.
As President Obama returns from his trip to Asia, he was planning to allow parents of US citizen children who are American citizens or legal residents to apply for work authorization so that they could work legally and not worry about deportation.
Aunque se ha especulado en las noticias durante el ultimo par de semanas que el Presidente Obama estaba pensando en extender la accion diferida a los inmigrantes indocumentados de una manera similar a la accion diferida concebida a los jovenes con diploma de la escuela secundaria hace unos anos, esto era solo un juego de adivinanzas.
