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;
- Physically present in the US for at least 7 years
- Must be a person of good moral character and in good standing with the law
- 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.
Is there a way to stop deportation of a spouse?
Case Details: My spouse is beinng asked to leave the US as the deportation proceedings crossed over from her status of being a minor to adult.
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.