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Understanding Alien's Exceptional Circumstances in Immigration Law
Definition & Meaning
Exceptional circumstances refer to specific situations that may warrant special consideration in legal proceedings involving an alien (a non-citizen). These circumstances can include serious issues such as:
Battery or extreme cruelty directed at the alien or their family members
Serious illness affecting the alien
Serious illness or death of the alien's spouse, child, or parent
It is important to note that less compelling situations that are beyond the alien's control do not qualify as exceptional circumstances.
Table of content
Legal Use & context
Exceptional circumstances are often referenced in immigration law, particularly in cases where an alien may seek relief from deportation or removal. This term may be relevant in:
Immigration hearings
Asylum applications
Petitions for cancellation of removal
Users can manage certain legal processes themselves using legal templates provided by US Legal Forms, which are drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An alien who has been a victim of domestic violence may present evidence of their situation to seek relief from deportation.
Example 2: An alien whose child has a terminal illness may argue that their removal would cause undue hardship to the child. (hypothetical example)
Comparison with related terms
Term
Definition
Key Differences
Extreme Hardship
Significant difficulties faced by a person if they are removed from the U.S.
Extreme hardship is broader and may include financial or emotional factors, while exceptional circumstances focus on specific severe situations.
Asylum
Protection granted to individuals who meet the definition of a refugee.
Asylum is a legal status granted based on persecution fears, whereas exceptional circumstances relate to specific hardships faced by the alien.
Common misunderstandings
What to do if this term applies to you
If you believe you are facing exceptional circumstances, gather relevant documentation, such as medical records or police reports. Consider consulting with a legal professional for personalized advice.
You can also explore US Legal Forms for templates that may assist you in filing necessary legal documents.
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