Challenging Deportation Through "Extreme Hardship"

If you are in deportation proceedings, you may be able to suspend your deportation by demonstrating “extreme hardship” to you or certain qualifying family members. Extreme Hardship can be a very broad and confusing category to define but there are some grounds that have been used in the past that can guide your case against deportation. In order for your deportation proceedings to be removed, you must be able to document and fully demonstrate that your deportation would cause extraordinary difficulty to you and your qualifying family.  You will most likely be filing the I-601 waiver in order to challenge any grounds that have made you ineligible for residence status and have led to your possible deportation.  You can find more information about the I-601 waiver and how to file it on this site.

Family members that qualify as part of your argument for extreme hardship, besides the applicant, are the applicant’s U.S. citizen or resident parents, children, or spouse. In order for you to claim extreme hardship will be done to your spouse, children, or parents they must have a permanent residence card( green card) or are U.S. citizens. You cannot claim extreme hardship to non-resident family members or family members whose relationship to you does not qualify as relevant to deportation proceedings. Keep in mind your family member’s immigration status when building your case for extreme hardship.

Extreme hardship can be financial, psychological, marital, familial, medical, and more.  You can use the age, quantity, and immigration status of your eligible family members to build your case. For example, you could include information and documentation about your citizen children in your defense. Your own immigration history, length of time living in the U.S., and your barriers to adjusting your status are also relevant. You can also argue that deportation would cause you or your family an unusual amount of psychological trauma.

Social factors about your life in the U.S. can also be used to build your defense against deportation. For example, you can demonstrate how much you have integrated into your community in the U.S. and the ties you have built to that community. You can also document your or your family’s medical condition and discuss the availability of relevant medical treatment outside the U.S.  For instance, poor health facilities in the country to which you would be deported are not alone relevant. However, you can demonstrate that these poor health facilities will interfere with you or your family getting necessary medical treatment. Education is an additional relevant factor that may strengthen your case for extreme hardship. If deportation would interrupt you or your family’s education, you should document it in your case.

Financial Hardship is an additional front to overturn your deportation proceedings. Demonstrating financial hardship can include your ability to find work outside the U.S., the financial impact on your family your deportation would cause, the economy in the country where you would be deported, and so on. Merely demonstrating that deportation would result in the loss of a currently held job is not enough to demonstrate extreme hardship.

Expecting or approved refugees or asylees can also demonstrate extreme hardship by arguing against the threat of abuse following deportation, the political or social climate in the country to which you would be returned,  and inadequate domestic violence or trauma services in your home country. Your applications for asylum and deportation proceedings are separate and could be happening at the same time or separately.  If you are granted asylum but your removal proceedings are not lifted, your asylum may be enough to change your status to permanent resident. Discuss your deportation proceedings with the asylum officer assigned to you.

You can demonstrate the grounds of your extreme hardship through documentation. The more documentation you have, the stronger your case against deportation will be and the easier it will be to prove your extreme hardship. Documentation can include medical records, financial records, academic records, birth and marriage certificates, and so on. Any documentation that could strengthen your case for extreme hardship and helps prove the claims you are making will strengthen your defense.

Unfortunately, there is no guarantee that building your case against deportation on any of these particular grounds will result in the cancellation of deportation. The US Citizenship and Immigration Services Board will review your petition against deportation on a case-by-case basis. Extreme hardship is broadly defined as hardship that would be much greater than would normally come from deportation. Because of this, there is no single way to have your deportation proceedings cancelled on this ground. The general aim of building your case for extreme hardship should be to show how fully you have become tied to your community in the U.S. and how you would find extraordinary barriers to re-establishing your life in the country where you would be deported.

For more information and help with deportation defense, call immigration attorney Phillip Kim at (619)-752-5379 or visit him on the web at pkimmigration.com or phillipkimlaw.com

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Voluntary Departure: Pros and Cons

Voluntary departure is when an immigrant voluntarily leaves the U.S. without being given an order to do so from the U.S. government.

Failure to leave within the time stated will result in a fine and you will not be able to receive forms of assistance from deportation for at least ten years.

Generally the immigrant must leave within 120 days if voluntary departure is granted before immigration proceedings and within 60 days if it is granted after proceedings.

Several background checks including identity, law enforcement, and security checks are important in determining whether an individual should be granted the option of voluntary departure. Judges use background information to determine the moral character of the immigrant.

However, the Department of Homeland Security (DHS) recognizes how important it is to grant voluntary departure on a timely basis. Sometimes, voluntary departure is given without further delays in the process. This means that further time is given to DHS to complete background checks while judges decide requests on a case-by-case basis.

At times, changes can be made to the existing time limits that immigrants with voluntary departure are subject to. The request must be made before a certain date that marks the merits hearing. In this way, the judge may delay granting voluntary departure for up to 30 days before the end of the removal proceedings.

Pros:
·         Avoid an unexpected removal by government officials 
·         Avoid negative future consequences of immigration laws that ensure removal

Cons:

·         Departure must take place on time or else the immigrant will face severe consequences 
·         Departure is guaranteed

For more information on requesting and being granted volunteer departure, contact attorney Phillip Kim at www.pkimmigration.com or (619) 752-5379

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How to Obtain Protection Through Deportation Proceedings

The following information is for people seeking protection from deportation. Proceedings take place in Immigration Court or before the Board of Immigration Appeals (BIA).  In deportation proceedings, individuals can apply for protection and immigration benefits like:

·         Adjustment to permanent resident status

·         Cancellation of removal

·         Waivers that allow admission into the U.S.

·         Asylum or hold back deportation orders  (if eligible)

If you are filing for protection, you need to submit certain applications and provide biometric and biographic information to USCIS. If you do not file these forms properly, your file will not be passed on to removal proceedings. These procedures are meant to ensure that background checks are completed before your file is examined for protection benefits.

Since April 1, 2005, benefits cannot be granted to individuals until background checks are completed.

If your application is accepted, the process is not over yet.  You will be issued further instructions by the Immigration Court. You must follow these instructions to receive documentation and work authorization.

For more information about removal proceedings, contact attorney Phillip Kim at www.pkimmigration.com or at (619) 752-5379

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