Provisions on the abolition of deportation

One of the grounds for appeal is to cancel or suspend the expulsion.

The conditions for canceling deportation are as follows: the person concerned must prove that he has lived continuously for more than seven years and has good conduct during this period. If deported, it will cause great difficulties to himself or his spouse, parents and children (all American citizens or permanent residents). If the application for cancellation of deportation is approved, the applicant can obtain permanent resident status.

It should be noted that if the reason for deportation is crime or politics, it will take more than ten years to live in the United States.

Although the above provisions are simple, the examination and approval is extremely strict and it is difficult to get approval. This has caused many lawsuits.

Above, we have introduced the provisions on canceling deportation. Next, we will make a more in-depth analysis of the above terms. The most difficult condition to meet is the third condition, that is, if the person concerned is deported, it will cause great difficulties for himself or his spouse, parents or children to be American citizens or permanent residents. "Extremely difficult" English is extremely difficult. According to the interpretation of relevant cases, the court will consider the following facts: the age of the person concerned, the relationship with relatives in the United States, the relationship with the country of birth, the time of living in the United States, the health status, the political and economic status of the country of origin, the property status, whether there are other immigration channels, whether they have contributed to American countries and regions, past immigration applications and their status in the community. Let's give two cases to illustrate.

In the case of LOUIE( 1963), the applicant came from Hong Kong, and the reason for applying for cancellation of deportation was that the applicant's father was old, they lived alone and had no other relatives, and the person concerned had no status in Hong Kong, so he could not find a job or return to the mainland or Taiwan Province Province. The immigration judge approved his application.

In another case (ANDERSN case, 1978), the party concerned was from Dominica. The client claimed that if deported, it would be difficult for his seriously ill wife to get proper treatment. Since his wife is also an illegal immigrant, the immigration court held that the reasons given by the parties were only economic reasons and did not approve his application. From this, it can be seen that all factors should be considered comprehensively to avoid failure. Generally speaking, only after the parties are forced to enter the judicial procedure of deportation for various reasons can they apply to the immigration court to cancel the deportation. For example, the person concerned has been detained by the Immigration Bureau or a summons has been issued. Otherwise, the parties concerned must "report" to the immigration office and ask for a summons before they can apply to the immigration court.

At present, there is a high voice for the reform of immigration law. Many types of immigrants may be cancelled and the number of immigrants will be greatly reduced. Many immigration lawyers expect that the cancellation of the deportation regulations will also be cancelled.