How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Immigration Law question
Type Your Immigration Law Question Here...
characters left:
2 Immigration Lawyers are Online Now

Suspension of Deportation

What is suspension of deportation?

Suspension of deportation is classified and defined as a way to permit the immigration judge sole discretion to relieve or cease deportation proceedings to any alien/immigrate who can prove that they have spent at least seven years of continuous stay in the U.S with good moral character and standing; or if the alien/immigrant can prove that deportation would or could cause a hardship to not only themselves and/or a citizen family member. Read below some of the most common questions related to suspension of deportation that has been answered by Experts.

What is the criteria for suspension of cancellation or removal for permanent residents?

The Attorney General may be able to cancel the removal of an LPR (legal permanent resident) as per INA §240A(a) if one has been a legal permanent resident at least for five years before removal process is initiated, had been in the country, once admitted, continuously for a minimum period of 7 years, has no aggravated felony charges and is not inadmissible on security grounds.

What are the requirements to be eligible to file for suspension of deportation?

The three requirements to be eligible for a suspension of deportation are as follows;

1. Physically present in the US for at least 7 years
2. Must be a person of good moral character and in good standing with the law
3. Must be able to prove that being deported would cause an extreme hardship on his/her spouse, children, or other family member who are already citizens or residents of the United State that is not financially related.

Was there a way to avoid my spouse being asked to leave the U. S. as the deportation proceedings crossed over from her status of being a minor to adult? Keeping in mind the immigration process already in place, is there a way other than long petition and waiver processes?

Since the person has already left the U.S., chances are almost none that any change can be made on that. Approval of I-130 and waiver is needed to return to the U.S. There may be a slim possibility of an early return in the case of serious medical crisis.

If someone was convicted of a crime and deported, but their spouse and children have green cards, is there a possibility that the deported be granted a suspension of deportation?

In most cases, if there was a criminal record, there is no forgiveness and suspension of deportations is usually denied. Most situations once deportation happens especially because of a criminal offense, the person will not be eligible to return to the U.S. for 10 years.

If someone was deported 17 years prior, but the verdict was over turned, can a suspension of deportation be granted?

Unless the person had stayed in the U.S for 7- 10 years, before the notice was served then it would be unlikely to qualify for suspension of deportation. If the person was married to a U.S citizen, or had a child of above 21 years old who is a U.S citizen, they may have had a fair chance of filing a motion to reopen the deportation case.

Is an applicant with suspension of deportation eligible for financial aid?

There are many situations where an applicant whose suspension of deportation case is pending may be eligible for financial aid. However, appropriate documents may need to be furnished to facilitate this.

Who is not eligible for cancellation of removal or suspension of deportation?

According to the Board of Immigration, there are a few classes that are not eligible for cancellation of removal or suspension of deportation including: certain crewmen, those in ‘J’ status who are exchange visitors and have got medical training in the U.S, those who have persecuted others, someone who has already had a cancellation of removal/suspension of deportation; or someone with certain criminal offences before attaining seven years of stay.

To be eligible for adjustment status one needs to stay clear of deportation order. Anyone who has entered the U.S. illegally may not be eligible for this. Suspension of deportation or cancellation of removal enables a deportable alien to file for permanent residence in the U.S. Often dealing with the legal issues involved with suspension of deportation can cause many questions that often a layman cannot answer themselves. Contacting Experts that work closely with immigration and suspension of deportation may be the best answer given the situation.
Ask a Immigration Law question
Type Your Immigration Law Question Here...
characters left:
2 Immigration Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21184
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21184
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18393
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8491
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3848
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)