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Waivers, Cancellation, and Suspension

Among the ways to avoid deportation are the following:

  • Waivers. In certain cases, immigrants can apply for waivers from deportation if they can prove that deporting them would pose an undue hardship (the government uses the phrase “extreme hardship”) to his or her spouse, children, or parents. (This assumes that these relatives are either U.S. citizens or LPRs). The granting of a waiver depends on the reason for deportation, and immigration officials have considerable leeway in making a decision.
  • Cancellation of Removal. If someone who is already an LPR is targeted for deportation, he or she can apply for a cancellation of removal from the United States. The individual must have been a resident of the United States for at least seven years and an LPR for at least five and cannot have committed any serious crimes (called “aggravated felonies” by the government). It is helpful if the person has family ties to the United States, has a good employment history or owns a business, has engaged in community service, has served in the U.S. Armed Forces, and has no criminal record (or has been rehabilitated if a criminal record exists). In short, if the person displays “good moral character,” it weighs in his or her favor. Non-permanent residents can also apply for cancellation of removal, but they must have been in the United States for a minimum of 10 years. (This is done in part to prevent illegal aliens from marrying American citizens simply to stay in the United States.)
  • Suspension of Deportation.This is another means by which an illegal alien can apply not only to remain in the United States but also obtain LPR status. Again, family ties, good moral character, and the threat of hardship are key factors. (The United States only issues 4,000 cancellation of removal and suspension of deportation grants per year.).

If an alien is allowed to stay in the United States on any of these grounds, the deportation order will be canceled and the case will be closed.


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