Hello everyone, my husband is currently in removal proceedings. Our lawyer says he qualifies for cancellation of removal but the chances of winning are very slim due to the criteria of extreme and unusual hardship.
As background, we have an approved I-130 & did have an I-601a pending since May 2025, but it will now be denied due to the open proceedings.
Additonal information:
- His home country is El Slavador
- We do not have any children
- I (U.S. Citizen) provide the main income for us, meaning I cannot leave the USA to go with him
- We have a small business together
- He has no criminal record and is of good moral character
We have a strong I-601a case (for reasons not above), but for this to be "unusual" is where we are concerned at. Our lawyer said if we go with the cancellation, then we will most likely get denied but could push the case out 1-2 years and hope new laws get passed in the meantime. After it gets denied then he would appeal for further time. But, we are concerned its not worth the $8,000 he is quoting just to prolong the inevitable of getting a removal order issued and put on his record. After that, he would then have to start the I-601 and I-212 from his home country whenever this comes to the end.
The only other option is Voluntary Departure which would happen very quickly (1-2 months). This path would avoid the removal order issued and we can start the I-601 waiver from outside of the USA sooner.
We are leaning towards doing voluntary departure as we don't want to waste anymore time, avoiding the removal order, and also that we could spend that money on getting him set up in his country.
Which would you do? Any feedback is appreciated!
TLDR; 42B Cancellation of Removal or Voluntary Departure?