Deportation

There are a wide variety of reasons that may make an immigrant subject to deportation or removal. Below is a list of common reasons someone might face a deportation proceeding:

  • Conviction of Criminal Offense;
  • Violation of Immigration Status;
  • Termination of Conditional Permanent Residence;
  • Marriage Fraud for Immigration Purposes;
  • Aiding another immigrant to enter the US illegally;
  • Falsified immigration documents;and
  • Was legally inadmissible at the time of entry.

Immigrant defendants are subject to deportation for even minor criminal offenses. Criminal convictions and sometimes arrests can affect immigrants. First, they can make a non-citizen deportable. Second, they can make a person inadmissible to the U.S. Or, they can prevent a person from obtaining citizenship in the U.S.

Deportation Cancellation

To be eligible for cancellation of removal, a person must demonstrate:

  1. 10 years of continuous physical presence in the U.S.;
  2. Good moral character during that period of time;
  3. No disqualifying criminal offenses; and
  4. Exceptional and extremely unusual hardship to a U.S. Citizen or Lawful Permanent Resident spouse, parent or child.

For lawful permanent residents

Getting a deportation cancellation is possible if the following requirements are met:

  1. The immigrant has been a lawful permanent resident for five or more years;
  2. The immigrant has lived in he United State for at least seven years; and
  3. The immigrant has not been convicted of an aggravated felony.

For temporary U.S. immigrantsSection

There are a different set of requirements for deportation cancellation:

  1. The immigrant must have resided in the U.S. for ten or more years;
  2. The immigrant has not been convicted of a deportable offense;
  3. The immigrant can demonstrate that his or her removal from the country would result in extreme hardship to family members.

Qualifying family relationships

Grouped into two main categories: immediate relatives and other close family members. Immediate relatives of United States citizens are given special preferential treatment in that there are no limits on the amount of immediate relatives that may immigrate in the immediate relative category and, as a result, there are no backlogs in the immediate relative category.

Immediate relatives

  • Spouses of U.S. Citizens;
  • Children of U.S. Citizens, if the child is unmarried and under 21; or
  • Parents of U.S. Citizens, if the child has attained the age of 21.