Please help, is this true or not?
Dec 12th 2001, 4:08 am
#1
Guest
Posts: n/a
Hi all, I have heard that it may be possible to apply for permanent residency (or
some other status allowing to live and work in the U.S.) based on the following
combination of facts: (a) my spouse and myself have been staying in the U.S.
(legally) for the period of over 7 years; (b) our child was born in the U.S. and her
departure to the country of my citizenship would result in severe decline in her
living conditions. Please, reply with any information, here in the newsgroup or just
e-mail me. If it is indeed a way, it could mean a real difference for me. Thank you
in advance and have a great day! Vitaliy
some other status allowing to live and work in the U.S.) based on the following
combination of facts: (a) my spouse and myself have been staying in the U.S.
(legally) for the period of over 7 years; (b) our child was born in the U.S. and her
departure to the country of my citizenship would result in severe decline in her
living conditions. Please, reply with any information, here in the newsgroup or just
e-mail me. If it is indeed a way, it could mean a real difference for me. Thank you
in advance and have a great day! Vitaliy
Dec 12th 2001, 2:35 pm
#3
Guest
Posts: n/a
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If you'd been in the US *illegally* for that time, you might stand a chance, but
a) is otherwise irrelevent. b) is probably irrelevent ... the child can stay in
the US, you cannot, unless you would all face certain persecution or death in your
home country.
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If you'd been in the US *illegally* for that time, you might stand a chance, but
a) is otherwise irrelevent. b) is probably irrelevent ... the child can stay in
the US, you cannot, unless you would all face certain persecution or death in your
home country.
Dec 12th 2001, 7:53 pm
#4
Guest
Posts: n/a
Vitaliy Pavlyuk wrote:
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What you have heard about is an old procedure called "suspension of deportation." In
1997, this was replaced by another procedure called "cancellation of removal." The
requirements have become more difficult; the qualifying period of physical presence
in the U.S. is now 10 years rather than 7, and the level of hardship to the child
that you must show is "exceptional and extremely unusual hardship," a more severe
level than previously.
If you are not in removal proceedings, you must place yourself into removal
proceedings to get this benefit. Also, there is a quota for the number of successful
applicants that can get permanent resident status this way, 4000 per year, and the
backlog is quite large, over 4 years, I believe.
This is a very very very difficult way to go. You would probably need the help of a
very good immigration practitioner to have a chance of success.
See http://www.vkblaw.com/law/cor.htm#sectionb,
http://www.shusterman.com/deport.html, http://shusterman.com/toc-dpt.html,
http://www.visalaw.com/99apr/28apr99.html.
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What you have heard about is an old procedure called "suspension of deportation." In
1997, this was replaced by another procedure called "cancellation of removal." The
requirements have become more difficult; the qualifying period of physical presence
in the U.S. is now 10 years rather than 7, and the level of hardship to the child
that you must show is "exceptional and extremely unusual hardship," a more severe
level than previously.
If you are not in removal proceedings, you must place yourself into removal
proceedings to get this benefit. Also, there is a quota for the number of successful
applicants that can get permanent resident status this way, 4000 per year, and the
backlog is quite large, over 4 years, I believe.
This is a very very very difficult way to go. You would probably need the help of a
very good immigration practitioner to have a chance of success.
See http://www.vkblaw.com/law/cor.htm#sectionb,
http://www.shusterman.com/deport.html, http://shusterman.com/toc-dpt.html,
http://www.visalaw.com/99apr/28apr99.html.
