marc Schifanelli, Esq.
Contact US (240) 882-2402
At Schifanelli Law, LLP, we have helped hundreds get through deportation proceedings while asserting all the rights granted them under U.S. Law and to get the best outcome possible given their circumstances. We draw on a deep understanding of the complex immigration laws and our extensive experience in defending aliens in the U.S. Immigration Courts. Defenses to deportation are many and range from claims that the deportee is actually a U.S. Citizen (it happens), to asserting credible claims for Asylum or applications for Cancellation of Removal.
The usual example of a successful case for Cancellation involves a U.S. citizen or LPR who relies upon the alien family member's care to the extent that, if the alien were deported, then the U.S. Citizen's health would deteriorate to the extent of disability or even death; or, if the U.S. Citizen were forced to depart with the alien to the latter's home country, that medical or other conditions there would lead to the same result.
This (unfortunately) is a good starting point for understanding the burden of proving such hardship. However, less grave circumstances may suffice. The Board of Immigration Appeals, whose decisions sometimes help define ambiguous terms such as "exceptional and extremely unusual hardship" have indicated that “the hardship standard is not so restrictive that only a handful of applicants, such as those who have a qualifying relative with a serious medical condition, will qualify for relief.”
Essentially, an Immigration Judge should consider in the aggregate all of the circumstances particular to the alien when deciding if the exceptional and extremely unusual hardship burden is met.
At Schifanelli Law, LLP, we have successfully advocated for clients asserting the relief of Cancellation based, not only on unfortunately serious medical conditions, but due to the country conditions to which the Citizen or Citizens would be subject if they were to accompany their parent or spouse to their home country. These included extreme violence and lack of basic education opportunities for U.S. children.
Contact Schifanelli Law, LLP at 240-882-2402 for a consultation with an Annapolis, Maryland Attorney.
P.O. Box 1023, Stevensville, MD 21666
If you are in deportation proceedings, you may be able to qualify for the relief of "Cancellation of Removal." If you are a Lawful Permanent Resident and have at least seven years in that status (or if you are not a resident but have ten years of continuous presence in the U.S.) and you have an immediate family member who is a U.S. Citizen or Lawful Permanent Resident, then you may be eligible to apply for Cancellation. If you win your case, the Immigration Judge will dismiss the deportation and affirm your Resident status, or in other cases grant you Lawful Permanent Resident status if you don't already have it.
However, it's not that easy. Aside from these prerequisites, the burden is on you to show that your U.S. citizen or LPR relative is likely to suffer "exceptional and extremely unusual hardship" if you are removed. Furthermore, convictions for certain crimes may disqualify you.
So, What is "Exceptional and Extremely Unusual Hardship?"
As with many concepts in the law, answering this question is probably easier by stating what Exceptional and Extremely Unusual Hardship isn't. It's not the expected hardship that a family suffers when, for example, a parent is deported. It is not solely, for example, the loss of financial support; or the loss of emotional support for a spouse or child. These the Immigration Courts consider as "normal" hardship factors and standing alone are not sufficient to meet your burden.