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How Texas Residents Can Prove the “Family Hardship” Requirement for a Cancellation of Removal Application

Immigrant familyThis is the next post in our series discussing what Texas immigrants need to know about applying for a Cancellation of Removal. Our last post discussed what an immigrant needs to know about the “good moral character” requirement when applying to cancel the removal process. In this post, we will discuss what family questions will need to be answered regarding the “family hardship” requirement of the application.

The Cancellation of Removal application will ask you personal questions about your family

Asking the immigration court to cancel your removal proceedings means that you are claiming that your deportation would be a significant detriment to your family’s well-being. By making this claim, you are opening yourself and your family up for scrutiny. On your Cancellation application, you will be asked which family member(s) will be affected by your deportation and what their legal status is. You may choose more than one family member, such as a spouse, parent, or child, and you must disclose their status- citizen, permanent resident, temporary status, or no status. If you are married, you will be asked details about when your spouse first arrived in the United States. They will also ask about your spouse’s employment history and weekly salary. They will ask further questions about how many children you have, and if any of your children are employed.

Submitting accurate financial information is important as it will be used to prove that the applicant’s income is required to continue to support the family. On the application it will be necessary to disclose if you receive any public or private assistance, and if you have ever applied for assistance in the past. You may also submit documentation showing why others in your household are unable to work or generate income. For example, if a spouse or child is disabled, or ill, and is unable to enter the workforce in your place.

Documentation of a relationship with all relatives listed in your application is necessary

In addition to submitting financial documents, it will also be necessary to prove your relationship to any spouse, child, or parent listed on your application. This may include marriage certificates, birth certificates, proof of divorce documents and/or death certificates. You will also have to submit documentation of each person’s legal status in the United States.

Gathering and organizing documentation is often an overwhelming experience. Many people may not know how to readily procure the needed documentation. However, it is important to be thorough and to now skip a step because you don’t know where a document is. If you are not sure what documentation is needed, it is important to contact an immigration attorney who may be able to help you determine what paperwork you need. For more information, contact our Austin immigration law office today.

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