Wednesday, December 10, 2014

SAMPLE "Legal" Article (Keyword: deportation: 1%)

Whenever you find yourself in the midst of deportation proceedings, it is important to realize that you can apply for what is known as a cancellation of removal. There are two different types of this available. One is for those who will be deported soon because they have broken the law and the second one is for those who never received their green card (those who aren't a LPR: “lawful permanent resident”). Both of these has its own requirements.

Regardless of which of these you choose to apply for, it is important to understand that the government doesn't care about your own personal hardships. Instead, their focus is upon the hardship that your family members who are already a U.S. citizen or at least have their green cards (i.e. your spouse or children) will sustain. Unfortunately, this must be either an “extreme” hardship or one that “exceptional and extremely unusual” for them. Exactly what this means is difficult to decide.

You will need to get a lawyer to speak to about your pending deportation. They will thoroughly investigate your personal life to decide what impact this would have upon your family. Of course, this is a very difficult and challenging process since everyone believes that they would undergo an extreme hardship if their family member is deported. Unfortunately, the law doesn't necessarily agree with this. Nevertheless, oftentimes this is more workable than proving that you have “exceptional and extremely unusual” standards.

The standards that the government uses here date back to the original Immigration and Nationality Act of 1952. They said that a deportation could only be suspended if it would be “unconscionable” for the person who is deported. Whenever you look back on history, you will see that this standard really isn't difficult to meet. All of this changed though in 1996 when the government decided that the foreign national's hardship was of no consideration regardless of how extreme this hardship is.

Today's standards are really high and difficult to meet. However, when you are dealing with a non-LPR cancellation there is another focus: how unique the hardship is. There have been two cases considered in the past (Matter of Andazola, 23 I&N Dec. 319 BIA 2002; Matter of Recinas, 23 I&N Dec. 467 BIA 2002) to further decide what “exceptional and extremely unusual hardship” is. The board determined only those who have a qualifying relative or a serious medical condition actually qualify.

This will probably leave you wondering what types of factors were actually looked at in these cases. As you look back over various cases you will see that the following factors are usually taken into consideration:
1. How the foreign culture would be on the U.S. Children
2. Financial and emotional support – There will almost always be some type of financial hardship involved.
3. Family separation and the loss of family support will typically result from deportation.
4. How the family support in the U.S. is in comparison to how it would be in the country they would be living in after deportation.
5. Medical conditions
6. Whether or not the foreign national has any other type of relief available

While almost anything could be taken into consideration, the aforementioned factors are most definitely considered. One thing holds true: All of the facts must be considered independently.

After the government considers these factors, it is a matter of determining how they will apply them. Whenever it comes to a non-LPR cancellation the court asks both how hard and how unusual the hardship would be. Those things that are not unusual (i.e. loss of family, financial hardships) are not reasons for them to grant cancellation.

This entire process is really rather challenging. The burden is high and really detailed proof needs to exist. Hopefully the government passes legislation in the future that allows the courts to take hardships into consideration because overlooking them means that the whole “picture” isn't really being taken into consideration. This is truly unfortunate for anyone who's in the midst of deportation proceedings. Nevertheless, at least now you know that cancellation is an option that could sustain your life within the U.S, especially when there aren't any other options available to you.

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