Deportation
How to Prevent Deportation from the United States?
When the US government is trying to deport you, the US Immigration and Customs Enforcement is responsible for enforcing deportation law. Deportation is also known as “removal” from the United States.
Cancellation of Removal for Permanent Residents
The removal of a lawful permanent resident can be cancelled if the
- He has been an LPR (legal permanent resident) for a minimum of five years
- he has resided continuously in the US for a minimum of seven years after being admitted to the US in any status (prior to the institution of removal proceedings)
- He has not been convicted of an aggravated felony
- he is not inadmissible from the US on security grounds
The following are not eligible for cancellation of removal:
- certain crewmen
- exchange visitors (in “J” stays) who received medical training in the US
- persons who have persecuted others
- persons who have previously been granted cancellation of removal, suspension of deportation or relief under 212(c)
- persons who committed certain criminal offenses prior to the accrual of the required seven years
Cancellation of Removal for Non-Permanent Residents
The removal of a non-permanent resident can be cancelled if:
- He has been physically present in the US for a continuous period of ten days prior to the institution of removal proceedings. “Continuous” means that the person can not be out of the US for more than 90 days at a time, or 180 days in the aggregate, during the ten-year period.
- he has been a person of good moral character for ten years
- he is not admissible under 212(a)(2) or (3) (criminal and security grounds) or deportable under 237(a)(1)(G) (marriage fraud), (2) (criminal grounds) (3) (failure to register and falsification of documents) or (4) (security and related grounds)
- whose removal would result in exceptional and extremely unusual hardship to his/her spouse, parents, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.