Legal Topics

09-Apr-2024

Suspension of Deportation: A Lifeline When Facing Removal

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For individuals facing deportation or removal from the United States, understanding the legal options available to them is crucial. One such option is suspension of deportation, a form of relief that allows certain qualifying individuals to remain in the country. In this blog, we'll explore what suspension of deportation entails, when it can be put into effect, and how it differs from cancellation of removal. We'll also discuss the importance of seeking legal assistance from an immigration lawyer when dealing with removal or deportation issues.

Understanding Suspension of Deportation

Suspension of deportation was a form of relief available under U.S. immigration law that allowed certain qualifying individuals to remain in the United States. To be eligible, individuals had to demonstrate that they had been physically present in the U.S. for a continuous period of at least seven years, were of good moral character, and could show extreme hardship to themselves or a qualifying family member if deported.

Suspension of deportation was replaced by cancellation of removal under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. While suspension of deportation is no longer available, understanding its criteria and requirements is important for individuals navigating the complexities of immigration law and seeking relief from removal or deportation.

How can Suspension of Deportation Save You?

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Suspension of deportation, before it was replaced by cancellation of removal, was a crucial form of relief for individuals facing deportation from the United States. This form of relief could potentially save you from being deported by allowing you to remain in the country if you met specific criteria.

One key criterion was continuous physical presence in the United States for at least seven years. This meant that if you had been living in the U.S. for a significant period, you could apply for suspension of deportation to avoid removal.

Another important requirement was demonstrating good moral character. This meant that you had to show that you had not been involved in criminal activities or engaged in behavior that would reflect negatively on your character.

Additionally, you had to prove that your deportation would result in extreme hardship to yourself or a qualifying family member who was a U.S. citizen or lawful permanent resident. Extreme hardship could be economic, emotional, or related to health or well-being.

By meeting these criteria, you could potentially save yourself from being deported by being granted suspension of deportation. This form of relief allowed you to stay in the United States and continue living your life without the fear of being forcibly removed from the country.

Overall, suspension of deportation was a valuable form of relief that could potentially save you from deportation if you met the specific criteria outlined in immigration law.

When Will the Suspension of Deportation Take Place?

Suspension of deportation could be put into effect if an individual met certain criteria. Firstly, the individual had to have been physically present in the United States for a continuous period of at least seven years. Secondly, they had to demonstrate good moral character during this period. Thirdly, they could not have been convicted of certain crimes, such as aggravated felonies. Finally, they had to prove that their deportation would result in extreme hardship to themselves or a qualifying family member who was a U.S. citizen or lawful permanent resident.

The extreme hardship requirement was a crucial aspect of the application process. It involved showing that the individual or their family member would face exceptional and extremely unusual hardship if the individual were deported. This hardship could be economic, emotional, or related to the individual's health or well-being. Meeting these stringent criteria was challenging, and individuals often sought the assistance of immigration lawyers to help prepare and present their cases.

Learn About Cancellation of Removal

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Cancellation of removal is a form of relief from deportation or removal available to certain individuals in the United States. It replaced the suspension of deportation under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. There are two types of cancellation of removal: one for lawful permanent residents (LPRs) and one for non-permanent residents.

For LPRs, eligibility criteria include having been a lawful permanent resident for at least five years, continuous residence in the U.S. for at least seven years after being admitted in any status, and no aggravated felony convictions.

For non-permanent residents, eligibility criteria include continuous physical presence in the U.S. for at least ten years, good moral character during this period, and demonstrating that removal would result in exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.

Need for an Immigration Lawyer

Navigating removal or deportation issues in immigration law can be complex and challenging. While you're not legally required to have an immigration lawyer, having one can greatly increase your chances of success. An experienced immigration lawyer can provide valuable guidance and support throughout the process.

An immigration lawyer can help you understand your legal options and rights, prepare and file the necessary paperwork, and represent you in court. They can also help you gather evidence to support your case and advocate on your behalf with immigration authorities.

Additionally, an immigration lawyer can help you navigate the complexities of immigration law, which can be difficult to understand without legal expertise. They can explain the potential consequences of your situation and help you make informed decisions about your case.

Overall, having an immigration lawyer on your side can make a significant difference in the outcome of your removal or deportation proceedings. They can help ensure that your rights are protected and that you have the best chance of remaining in the United States.

Conclusion

In conclusion, suspension of deportation was a form of relief that provided qualifying individuals with the opportunity to remain in the United States. Although it has been replaced by cancellation or removal, the principles behind it remain important in understanding the complexities of immigration law. Seeking legal assistance from an immigration lawyer is crucial when facing removal or deportation issues, as they can provide guidance and support throughout the process. Understanding the options available and having the right support can make a significant difference in navigating the challenges of deportation proceedings and achieving a positive outcome.