Suspending Removal or Deportation for Extreme Hardship

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Most Common Immigration Law Issues:

What is Removal / Deportation?

Removal / Deportation is the process where the United States government decides to forcibly transport someone living in the United States, without a proper visa or U.S. citizenship, back to their native country.

What is Suspending Removal / Deportation for Extreme Hardship?

In some cases a person can make a motion to suspend, or put aside, their removal / deportation on the grounds of extreme hardship or "exceptional and extremely unusual hardship."   Once the motion is made, the Attorney General will stop their deportation and allow for the application for permanent residency within the United States pursuant to 8 USCA § 1754(a).  

Immigrants who came the United States legally and illegally can usually make such motions.  Generally, these motions are can be brought up in any of the following instances:

When Can Removal / Deportation be Suspended for Extreme Hardship?

To qualify to suspend removal / deportation for extreme hardship, a person must have been living inside the United States for 7 to 10 years, be in "good moral character", and have some circumstance that leads to an extreme hardship.  Defining what circumstances lead to extreme hardship is very difficult to do.  Some past examples include:

When Can Removal / Deportation not be Suspended?

Again, it is very difficult to define what is not an extreme hardship.  Some past examples include:

Do I Need an Attorney to Suspend my Removal / Deportation for Extreme Hardship?

If you believe that your removal / deportation will cause you extreme hardship, it is strongly recommended that you contact an immigration or deportation attorney.  Only they will be able to explain the issues, determine if you are a candidate for suspending deportation, and help in any suspension.

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Last Modified: 05-01-2013 02:02 PM PDT

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