Suspension of Deportation (Pre-1996 Cases)

1. What criteria must be met to qualify for suspension of deportation?


In order to qualify for a suspension of deportation, an individual must have been physically present in the United States for at least seven years, demonstrate good moral character during that time, and show that their removal from the United States would cause extreme hardship to themselves or their qualifying family members. The individual must also meet all other legal requirements for eligibility for a suspension of deportation.

2. How long must an alien have been in the United States to be eligible for suspension of deportation?


To be eligible for suspension of deportation, an alien must have been continuously physically present in the United States for a period of not less than ten years prior to their application.

3. Is it possible to apply for suspension of deportation after an order of deportation is final?


No, it is not possible to apply for suspension of deportation after an order of deportation is final. Once the order of deportation has become final, a person can no longer apply for any relief from deportation. However, a person could potentially apply for other forms of relief from removal such as cancellation of removal, asylum or withholding of removal if they are eligible.

4. Is there a time limit for applying for suspension of deportation?


No, there is no time limit for applying for suspension of deportation. However, applicants must meet certain requirements and demonstrate that they have been a resident of the United States for at least seven years.

5. What are the risks associated with applying for suspension of deportation?


The risks associated with applying for suspension of deportation include the potential that the application will be denied, resulting in the applicant being unable to remain in the U.S. and being subject to deportation proceedings. There is also a risk that the applicant may have to pay a bond or face other financial penalties in order to remain in the U.S. during the application process. Additionally, since suspension of deportation is discretionary relief, there is no guarantee that the applicant will be approved, and their immigration status remains uncertain throughout the application process.

6. What evidence must be provided to demonstrate good moral character and rehabilitation?


The exact evidence needed to demonstrate good moral character and rehabilitation can vary depending on the situation and the jurisdiction. Generally, the party seeking to demonstrate good moral character and rehabilitation must provide evidence of positive conduct since any negative activity or conviction occurred, such as evidence of community service, educational programs, job training, or employment. Additionally, letters from reputable individuals who know the subject well and can attest to their good character can also be persuasive.

7. What is the difference between suspension of deportation and cancellation of removal?


Suspension of deportation is a form of relief for certain noncitizens facing removal from the United States. It is available to noncitizens who have been in the U.S. for more than seven years and can demonstrate they have good moral character and face extreme hardship if deported.

Cancellation of removal is a form of relief for certain noncitizens facing removal from the U.S. It is available to noncitizens who have been in the U.S. for more than ten years, can demonstrate good moral character, and face extreme hardship if deported. This form of relief is only available to those who are in proceedings before a court.

8. Does an alien have the right to appeal a denial of a request for suspension of deportation?


The answer to this question is yes. Aliens do have the right to appeal a denial of a request for suspension of deportation. The alien can petition for review in the appropriate court of appeals.

9. What is “Exceptional and Extremely Unusual Hardship” as it relates to suspension of deportation?


Exceptional and Extremely Unusual Hardship is a form of relief from deportation that is available to certain individuals who would otherwise be deported from the United States. To be eligible for suspension of deportation, individuals must prove they will suffer exceptional and extremely unusual hardship if they are removed from the U.S. Such hardship may include extreme financial hardship, long-term separation from family members, or threats to their life and safety in their home country.

10. Is it possible to have multiple applications for suspension of deportation based on different criteria at the same time?


Yes, it is possible to have multiple applications for suspension of deportation based on different criteria at the same time. Depending on the individual’s circumstances, they may be eligible for suspension of deportation based on their family relationships, their continuous presence in the United States, and/or their good moral character. Each application will need to be accompanied by sufficient evidence to support the claim.

11. What is the role of Congress in granting relief from deportation through suspension of deportation proceedings?


Congress has the authority to provide relief from deportation and suspension of deportation proceedings through the enactment of statutes and regulations. Congress can also authorize the executive branch to provide relief from deportation if such action is deemed necessary and proper. In recent years, Congress has given the executive branch more latitude in granting deferred action and other forms of relief from deportation on a case-by-case basis. Deferred action is not a permanent solution to removal proceedings, but it may provide temporary protection from removal for certain individuals who are otherwise in danger of being deported.

12. Are there any restrictions on who can receive relief under suspension of deportation?


Yes. The Immigration and Nationality Act (INA) imposes three restrictions on eligibility for relief under suspension of deportation:

1. An individual must have been physically present in the United States for at least 10 years.

2. He or she must demonstrate continuous residence within the United States throughout that 10-year period.

3. He or she must demonstrate good moral character during that 10-year period.

In addition, the individual must prove that deportation would cause exceptional and extremely unusual hardship to himself or herself, or to a spouse, parent, or child who is a citizen or lawful permanent resident of the United States.

13. What is the process for applying for suspension of deportation?


The process for applying for a suspension of deportation involves filing a form I-881, Application for Suspension of Deportation, with U.S. Citizenship and Immigration Services (USCIS). The applicant must also provide evidence to demonstrate their eligibility for suspension of deportation, such as proof of residence in the United States for at least 10 years and evidence that their deportation would cause them undue hardship. After the form is filed, USCIS will review the application and schedule an interview with the applicant. At the end of the interview, USCIS will make a decision about whether to grant suspension of deportation.

14. Can an applicant obtain a work permit while in proceedings for suspension of deportation?


Yes, an applicant can obtain a work permit while in proceedings for suspension of deportation. However, the immigration judge will need to approve the application before the permit is granted.

15. How does a grant of Suspension of Deportation affect an applicant’s status as a lawful permanent resident?


A grant of Suspension of Deportation allows the applicant to remain in the United States as a lawful permanent resident. This means they are allowed to work and live in the United States on a permanent basis, but they do not become a U.S. citizen. They will have to renew their status every few years and may be subject to removal if they commit certain crimes or violate immigration laws.

16. What is the procedure if a grant of Suspension of Deportation is denied?


If a grant of Suspension of Deportation is denied, the individual may file an administrative appeal or judicial review of the decision. An appeal to the Board of Immigration Appeals (BIA) must be filed within 30 days of the immigration judge’s decision. A judicial review may be sought by filing a petition for review with the U.S. Court of Appeals within 30 days of the BIA’s decision.

17. Are there any circumstances in which a decision to deny Suspension of Deportation may be reversed or modified on appeal?


Yes, a decision to deny Suspension of Deportation can be reversed or modified on appeal if new evidence is presented which was not previously available or considered, or if an error in the application of the law is found. Additionally, there are regulations which allow for discretionary reconsideration of a denial if it is determined that the result is contrary to the interests of justice.

18. Does having a criminal record disqualify someone from being eligible for suspension of deportation?


In most cases, having a criminal record will make someone ineligible for suspension of deportation, although the exact details are determined on a case-by-case basis. The general rule is that applicants must not have been convicted of a crime involving moral turpitude or one or more crimes of which the total sentence imposed was five years or more, nor any two or more crimes with sentences totaling more than five years. In addition, applicants must not have been convicted of any controlled substance offense.

19. Does an alien need to file a separate application if they already had a Form I-246 (Application for Suspension/Deportation) denied and want to re-apply under a different basis for eligibility?


Yes, an alien needs to file a new application if they already had a Form I-246 denied and want to re-apply under a different basis for eligibility. The alien must complete a new Form I-246 and submit any required supporting documents and evidence.

20. How does an application for Suspension/Deportation differ from an application for Cancellation of Removal or Asylum?


An application for Suspension/Deportation goes through the immigration court system and requires the applicant to demonstrate that they qualify for relief from removal. If successful, the applicant may be granted permanent residence in the US. An application for Cancellation of Removal or Asylum goes through the immigration court system and requires the applicant to demonstrate that they qualify for relief from removal based on a number of factors such as extreme hardship, extreme cruelty, or meeting other criteria. If successful, the applicant may be granted temporary or permanent residence in the US.