Request in the court that issued the deportation order, for the court to set aside or cancel the deportation order; or. Ask the Immigration Service to waive or cancel your previous deportation order. However, to qualify for cancellation without LPR, the hardships for the family member must be exceptional and extremely unusual. The distinction between difficulties and the exceptional and the extremely unusual is fundamental.
However, immigration judges can approve only 4,000 requests for cancellation of non-permanent residents nationwide per year.5 If the limit has been reached before filing your application, you will have to wait until a slot becomes available again. Any non-U.S. citizen can be ordered deported, which means that even if they hold a green card, they are not exempt from being expelled from the country by the government. Without legal status for a long time, and you have been subjected to deportation proceedings (deportation), you may be eligible for what is called a cancellation of deportation without LPR and a green card.
Contrary to popular belief, there are numerous ways to stop removal (deportation) in immigration court. Instead, the applicant must show that the qualifying family member would suffer to a degree that goes beyond the type of suffering that would normally be expected when a close relative is deported. There are a variety of reasons why an immigrant can be issued a deportation order and subject him to deportation proceedings in immigration court. The Department of Homeland Security defines deportation as “the formal removal of an alien from the United States when the alien has been found removable for violating immigration laws.
To prove this requirement, it is important to understand that the difficulties of deportation should not be for you, but for a qualified family member. The Nicaraguan Adjustment and Central American Aid Act, or “NACARA”, was a law that allowed asylees from El Salvador, Guatemala, Cuba and the countries of the former Soviet bloc to suspend deportation proceedings against them. In general, the law says that immigrants are deportable for violating immigration laws; however, violating U.S. laws can also put an immigrant at risk.
Non-permanent residents may qualify for cancellation of deportation if deportation would result in hardship for a close family member who is U. In the past, an alien normally received a stay of deportation (temporary interruption of the deportation process) while a private bill was pending. If granted, the NACARA Suspension of Deportation grants you lawful permanent resident status (a green card) in the United States. Lawful permanent residents (green card holders) who are being deported for certain types of criminal convictions can obtain a discretionary waiver and re-adjust their status to legal.
In these cases, when the case is closed, if rejected, you will be deported, unless you appeal, and if approved, you will be released immediately and move to LPR status. An official deportation order has a greater legal consequence than returning to your home country.
