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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
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Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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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 an Immigration Lawyer

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: General
Satisfied Customers: 34621
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
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Recent Suspension of Deportation Questions

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    My father wrote a letter to accompany his DS-4079 that stated his allegiance was to Canada and that he likes Canadian culture and took an oath of allegiance to Canada. He made that clear. The consulate acknowledged the DS-4079 and said he couldn't cancel his appointment, just delay it. My father has changed his mind in light of doing research, he definately didnt think this through. Question: Is there a way to withdraw the DS-4079,..ie does he have to go in person to withdraw it? PS he lives in Canada. And secondly, I'm haunted that they could take away his passport and citizenship based on the fact that he maybe just make them mad with that letter and DS-4079.... or does he still have to go to the consulate to sign other forms to actually loose his citizenship? Do they just take it away?
  • We have filed I-140 petition under premium processing in nebraska

    We have filed I-140 petition under premium processing in nebraska service center. We haven't received the receipt number for 3 working days via email and my employer called Premium Processing to check the status of receipt number. USCIS PP Representatives instructed us to wait for one more week before calling to find out the status.
    They have returned the I-140 as my employer filed with the outdated form. It was rejected the next day they received the petition. When my employer called the USCIS representative in Premium Processing they didnt inform about the rejection.
    Problem here is that employer received the return packet from USCIS after the expiration date of Labor certification. My employer rectified the problem on the same day and filed immediately with expired labor mentioning the entire situation.
    They denied the I-140 saying petition has been filed with expired labor.
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    My employer contacted them multiple times asking about the status and no one provided the information about returned petition
    My employer argument is that they could have filed I-140 immediately in e-filing online if they come to know about the returned petition.
    I would like to check with the experts and see are there any options to reopen the case and provide the information again.
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  • I am a nurse practitioner. I am here on a student visa but am temporarily here on a OPT v

    I am a nurse practitioner. I am here on a student visa but am temporarily here on a OPT visa through my previous Masters program which will end in December. During my interview and on my application it asks if I will need a Sponsor and they were well aware of my situation. But now they are stating that they cannot sponsor me because they have never sponsored Nurse Practitioners. The Doctor that I work for does not like me for what ever reason that he has not stated or filed any complaints about. No Complaints have been filed against my performance. I recently got married to a U.S citizen and have filed for a marriage visa which will be approved in January. But my OPT visa expires in December. Human Resources and the hiring manager said since I have no sponsorship i will have to be terminated. i asked can I take a temporary vacation until my Marriage visa is processed. They said that is not possible. I am pretty confident this Doctor is persuading them somehow to terminate me
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