Cancellation of removal

[Jeanfifa09 0]

Me and my mom came from Haiti to United States in july 2007 on a visitor visa.We filed for asylum that same year.It was denied and We were asked to leave  the country before march 2010.Lucky for us we were granted tps and we been renewing our tps ever since.My brother(a U.S. Citizen)filed for my mom for a green card in 2015.My mom(now a permanent resident )filed for me for a green card ,and the process is still going.The application I-130 was approved.My priority date is January 26 2016.While I wait for my date to become current, I am legal under tps.I am doing good (no criminal background)and I'm currently in my third year as an engineering student with 3.5 Gpa.The visa category I'm in is F2A.My Birthday is in June 26 1996.I  will be dropped into category F2B,which has an even longer period of wait time (6 years+) .What can I do and what are the options that I have?Can I expedite my application?The status I have right now,TPS,is set to expire January 22 2018,most likely it won't be renewed,which will cause  me to have to leave the country because of lack of status.I want to know can I file for Cancellation of Removal (Form EOIR-42B )?I have  been here for 10 years , and if I were to leave my mom , it would cause hardship for both me and her.Please help me and thank you .

[Coco8 1,042]

You might be alright. Here you can find and explanation, and there is some math you have to do:

 

http://www.nolo.com/legal-encyclopedia/how-the-cspa-helps-family-based-preference-relatives-derivative-beneficiaries.html

 

So basically you have some extra time, the cut-off would not be 21 because there are some days you have to subtract. It is explained there.

 

Maybe others can comment on whether there is a way to expedite the process. 

[Boiler 45,693]

CoR certainly would not apply, apart from anything else you are not in removal proceedings.

[geowrian 22,337]

1 hour ago, Coco8 said:

Maybe others can comment on whether there is a way to expedite the process.

There's no expedite possible because no visa number is available yet (they can't make a priority date current). Expedite can be available once the PD is current, but nothing the OP has stated would qualify as reason for expedite.

[Jeanfifa09 0]

3 hours ago, Boiler said:

CoR certainly would not apply, apart from anything else you are not in removal proceedings.

Oh ok . How does it not apply ? After my tps status is expired , I won't have anymore status to stay here ,which means that I would have to go back to my country . Does that mean in my removal proceeding? Which would qualify me for removal proceedings ? 

[Boiler 45,693]

You would need to be in front of an Immigration Judge.

[NigeriaorBust 4,087]

  Once your status expires you no longer have valid status and therefore can't adjust in the US. Leaving if you stay too long after you lose status triggers a ban that would cause you to not get a visa.  Do you know the date the petition was approved ?  Then we can help tell you when you will age out.

[Jojo92122 1,924]

CSPA is your only hope.  You will age out about 6 months before your PD in the F2a category becomes current.  If it took USCIS more than 6 months to approve your I-130, then your CSPA age would be under 21.  How long was your I-130 pending?

 

You can not expedite.

 

You can not ask for a Cancellation of Removal because you are not in removal proceedings (i.e. deportation).

 

You must maintain legal status to benefit from the petition filed by your mom.  If you overstay TPS, you will be illegal and will not benefit from your mother's petition for you.  If you get into removal proceedings, you will not benefit from your mother's petition.

 

If you do not leave the US when TPS expires and you do not qualify to adjust status, the petition filed by your mother will be worthless.  Overstaying will cause you to lose your American dream.

[Jojo92122 1,924]

4 hours ago, Jeanfifa09 said:

Oh ok . How does it not apply ? After my tps status is expired , I won't have anymore status to stay here ,which means that I would have to go back to my country . Does that mean in my removal proceeding? Which would qualify me for removal proceedings ? 

You leave before TPS expires.

 

If you leave after TPS expires, you may have problems returning to the US.

 

If you stay after TPS expires, you will be an overstay and will not be able to adjust status for a green card under the petition filed for you.

 

Removal proceeding means deportation.   It's not what you think it is.  It's a horrible thing.  It's not a good thing.

 

RP does not apply because you are not being deported.  You are asked to leave when your TPS expires.

 

RP/deportation has nothing to do with TPS expiring.  

 

You would only go into deportation if you overstay.  

 

YOU DO NOT WANT TO GET INTO REMOVAL PROCEEDINGS.  You would get deported, and you will not be coming back to the US anytime soon.

Edited May 25, 2017 by Jojo92122

[Jeanfifa09 0]

1 hour ago, NigeriaorBust said:

  Once your status expires you no longer have valid status and therefore can't adjust in the US. Leaving if you stay too long after you lose status triggers a ban that would cause you to not get a visa.  Do you know the date the petition was approved ?  Then we can help tell you when you will age out.

It was approved February 26 2016. CSPA only covers me for a month .

[Jojo92122 1,924]

18 minutes ago, Jeanfifa09 said:

It was approved February 26 2016. CSPA only covers me for a month .

Then you need to make plans to return to Haiti before TPS expires.  

 

CSPA will only protect you if your PD is current in the July VB.  If not, then you will remain in the F2b category and CSPA can not help you.

 

If you overstay, you can not adjust status for a green card based on the petition filed by your mom.

 

 

Edited May 25, 2017 by Jojo92122

[Jeanfifa09 0]

1 hour ago, Jojo92122 said:

CSPA is your only hope.  You will age out about 6 months before your PD in the F2a category becomes current.  If it took USCIS more than 6 months to approve your I-130, then your CSPA age would be under 21.  How long was your I-130 pending?

 

You can not expedite.

 

You can not ask for a Cancellation of Removal because you are not in removal proceedings (i.e. deportation).

 

You must maintain legal status to benefit from the petition filed by your mom.  If you overstay TPS, you will be illegal and will not benefit from your mother's petition for you.  If you get into removal proceedings, you will not benefit from your mother's petition.

 

If you do not leave the US when TPS expires and you do not qualify to adjust status, the petition filed by your mother will be worthless.  Overstaying will cause you to lose your American dream.

If I leave the US it will cause hardship for both my mom and me . I only have her ,we came to America in hopes of staying together . I have lived with her all 10 years that I've been . She's been with me all my life . I support her and she support me financially . I have nobody if I go back to Haiti . When tps is expired , I will automatically be in removal proceeding . I read somewhere online when tps is expired and I don't leave the country I will be issued a Notice To Appear(NTA). I looked at all the eligibility , and looks like I fit all description . While I wait for my case to reach the judge , in like 3 years , I will be issued a work authorization , which might help me a lot . I have a current girlfriend who will become a citizen next year . We'll be able to get married and get my green card then . That's the thought process I had in mind . Waiting for mom petition is a long time . It's 6 years wait ,around 2023 . I have nobody in Haiti ,and I won't survive if I go back ,I only have  my mom (green card holder ).

[Boiler 45,693]

I thought you said you came to the US to visit?

[Jeanfifa09 0]

Just now, Boiler said:

I thought you said you came to the US to visit?

I did . And we applied for asylum .it was denied .

[NigeriaorBust 4,087]

  The important thing is that you don't overstay in the US .   Can you go somewhere else until you are current ?   It doesn't have to be back "home"