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Suspension of Deportation: A Comprehensive Guide to Your Legal Options
Definition & Meaning
Suspension of deportation is a legal remedy available to certain individuals facing deportation from the United States. This process allows eligible individuals to request relief from removal proceedings before they officially begin. The suspension of deportation was established under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which took effect on April 1, 1997. To qualify, individuals generally must have resided in the U.S. for either seven or ten years and meet additional criteria outlined in former Immigration and Nationality Act (INA) Section 244(a).
Table of content
Legal Use & context
This term is primarily used in immigration law, specifically in the context of deportation proceedings. Individuals facing removal from the U.S. may file for suspension of deportation as a means to avoid being forced to leave the country. This process often involves completing specific legal forms and may require representation by an attorney. Users can manage some aspects of this process using legal templates provided by services like US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person who has lived in the U.S. for eight years, has a stable job, and has no criminal record may apply for suspension of deportation to avoid being removed to their home country.
Example 2: A long-term resident who has U.S. citizen children may argue that their deportation would cause extreme hardship to their family, thus qualifying for suspension of deportation. (hypothetical example)
Relevant laws & statutes
The primary statute governing suspension of deportation is the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Additionally, former INA Section 244(a) outlines the specific criteria and procedures for applying for this relief. Other relevant laws may include various immigration regulations that govern deportation proceedings.
Comparison with related terms
Term
Definition
Key Differences
Cancellation of Removal
A form of relief for certain non-permanent residents facing deportation.
Requires different eligibility criteria, such as being a lawful permanent resident for a specific period.
Asylum
Protection granted to individuals who fear persecution in their home country.
Asylum is based on fear of persecution, while suspension of deportation focuses on residency and hardship.
Common misunderstandings
What to do if this term applies to you
If you believe you may qualify for suspension of deportation, consider the following steps:
Gather documentation proving your residency and good moral character.
Consult with an immigration attorney to assess your eligibility and understand the process.
Explore US Legal Forms for templates that can assist you in preparing your application.
File your application before any removal proceedings begin.
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