Q: Can my mother apply for a cancellation of removal?
She received a final order of deportation in 1999 and failed to reopen her case in 2003. She is currently considering her options in this new political and immigration environment. She has 2 children, owns property and pays taxes. I and my brother are american citizen 20, and 17 respectively. She has committed no crimes and otherwise fits the requirements. Is she eligible.
A: You may be confusing an application for stay of removal, which would be filed with U.S. Immigration & Customs Enforcement if ICE tries to enforce the existing deportation order, with an application for cancellation of removal, which is a form of relief available to qualifying individuals who are in active removal proceedings. Your mother should likely schedule a consultation with a competent immigration attorney who can evaluate all aspects of the prospective case.
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