The order for deportation is not easily overturned. However, such a reversal is not impossible or unheard of. There may be many things to consider in removal proceedings which may cancel an immigrant’s deportation from going forward. Some individuals could be eligible for certain waivers or even an application for asylum. But others still will have to make a compelling case in immigration court as to why they should not be forcibly removed from the United States.
One matter that an immigration judge will consider is whether the removal will cause unusual hardship for the lawful permanent residents (LPRs) you leave behind in the US. However, the burden of proving this to the courts falls on the defendant. If your argument does not sway the court’s judgment, you may be deported. With the consequences of losing in the courtroom being so severe, it is advisable to seek the legal guidance of an experienced deportation defense attorney.
What Makes Someone Eligible for Cancellation of Removal?
You may be eligible for cancellation of removal if you meet several criteria, including having lived in the US for at least five to ten years, having been convicted of no disqualifying serious crimes, and the determination that your removal would cause “exceptional and extremely unusual hardship” for the US citizen or LPR family members you leave behind.
There could be other legal options to consider, including VAWA, U visas, asylum, DACA, or refugee status. Speak with your deportation defense lawyer to learn more.
What Constitutes as “Hardship” for Family Members?
You and your family need to prove “extreme” hardships would befall your loved ones in the event of your deportation. Job loss, being forced to move, or the separation of parents are not considered extreme enough for most immigration judges. “Exceptional and extremely unusual hardships” must illustrate far worse, difficult-to-imagine circumstances for your family in the US.
Serious medical conditions which prevent someone from traveling or require constant care, the certainty that one’s status or condition make them incapable of making a living in their home country, and the inability to pay debts or care for your aging or dying family may be deemed satisfactory. Your immigration attorney could help build this case.
Are There Different Requirements for Permanent and Non-Permanent Residents?
The requirements for the cancellation of removal differ for individuals who are permanent or non-permanent residents. LPRs must prove that they’ve been legal residents for at least five years, have resided in the US for seven, and have not been convicted of any serious disqualifying crimes.
Non-permanent, undocumented residents must prove they’ve been in the US for ten years, are of good moral character, have no disqualifying convictions, and that their removal would cause hardships for others.
To learn more about your options, schedule a free evaluation with Landerholm Immigration, A.P.C.