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Don’t overlook the extreme hardship deportation defense

On Behalf of | Jul 10, 2020 | Deportation Defense

Is the threat of deportation blanketing you in fear? If so, then you need to explore every deportation defense available to you so that you can maximize your chances of remaining the country that you have come to call home. It’s not easy to mount a successful deportation defense, though, as the federal government often comes to removal proceedings armed with evidence that individuals have overstayed their visas, been arrested on certain criminal charges, or violated certain visa restrictions. This is why it is often helpful to have an experienced immigration attorney assisting in these matters.

One defense option that an immigration attorney might recommend is seeking cancellation of removal for non-permanent residents based on exceptional and extremely unusual hardship. This hardship isn’t applicable to the individual him or herself, though, but rather to a qualifying relative such as a legal permanent resident or a U.S. citizen. There are other requirements that must be met, too, such as showing that you’ve lived in the U.S. for 10 years, have good moral character, and haven’t been convicted of certain identified crimes.

Showing exceptional and extremely unusual hardship is difficult, to say the least, but there are some circumstances where it may be possible to meet the burden. In some instances, individuals who are caring for a medically or psychologically fragile family member are able to demonstrate this extreme hardship.

Of course, this means that you’ll have to put forth evidence of the medical condition in question and how deportation may create a hardship. One example might be if the condition requires some sort of specialized treatment that is only available in the United States or otherwise isn’t available in the country to which you are potentially being deported. Medical costs, loss of support, and even discrimination that is expected to occur in the receiving country based on the medical condition can all support this defense.

Deportation defense is a complicated field, but one where the stakes are enormously high. Therefore, you owe it to yourself and your loved ones to develop the best defense possible under the circumstances. To learn more about how to go about doing that, consider discussing the matter with an attorney of your choosing.

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