314-827-5826
Facing deportation can be overwhelming, but having a U.S. citizen spouse or child may open specific legal options to avoid removal. It is crucial to understand that while having legitimate U.S. family ties does not automatically stop deportation, they can form the basis for certain forms of relief in immigration court. The two primary paths available in this context are cancellation of removal and adjustment of status through a family immigration petition. Understanding these options and working with an experienced immigration attorney is critical, as the process is highly technical and mistakes can have lasting consequences.
Legal Options to Stay in U.S. Through a U.S. Citizen Spouse or Child
While having a U.S. citizen spouse or child will not automatically stop deportation, it can help open the option of Cancellation of Removal. Additionally, a family-based adjustment of status may also prevent or stop removal. Understanding the eligibility requirements, documenting hardship, and working closely with a removal defense attorney can truly make the difference between remaining in the United States or being ordered removed.
Cancellation of Removal: Stopping Deportation with U.S. Citizen Spouse or Child
Cancellation of removal is a form of relief available only in immigration court that allows an immigration judge to stop deportation and, in some cases, eventually lead to lawful permanent residence, or green card. The requirements vary depending on whether the individual in deportation is a lawful permanent resident (LPR) or a non-permanent resident.
- LPR Cancellation of Removal: To qualify, a lawful permanent resident must have held a green card for at least five years, resided in the U.S. continuously for seven years, and not have disqualifying criminal convictions.
- Non-LPR Cancellation of Removal: This option is more difficult to obtain relief but still possible with a well presented case. The individual must demonstrate ten years of continuous physical presence in the U.S., good moral character, no disqualifying criminal history, and that deportation would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.
Non-LPR cancellation is highly discretionary and has the extreme hardship requirement. Particularly, there must be well documented evidence that there would be extreme hardship on the U.S. relative if the individual is deported. Evidence used may include serious medical conditions, special education needs, psychological trauma, lack of medical care, or other circumstances that would severely harm the qualifying relative.
How A U.S. Citizen Child or Spouse Can Sponsor Relative
In addition to cancellation of removal, certain family-based immigration petitions may help stop deportation. This can been done when U.S. citizen child sponsors their parent in the U.S. Once a U.S.-born child turns 21, they can file a Form I-130 Petition for Alien Relative on behalf of a parent. If the parent entered the U.S. lawfully or qualifies for adjustment of status, this petition can lead to a green card. However, if the parent entered without inspection, additional steps, such as a provisional unlawful presence waiver or parole in place, may be required. Waivers are necessary to overcome bars for unlawful presence, and eligibility for adjustment depends on the parent’s immigration history and manner of entry.
A U.S. citizen spouse can also file a family based immigration petition to initiate adjustment of status, provided the individual meets all the eligibility requirements. The parent or spouse may need work authorization and advance parole if travel outside the U.S. is necessary during the process.
Contact CoxESQ, PC Immigration Law Firm for Family Based Immigration and Removal Defense
If you or a loved one is facing removal proceedings and have a U.S. citizen spouse or child, it is crucial to act quickly in order to legally stay in the U.S. The immigration process is complex, and deadlines are strict. At CoxESQ, PC, our experienced immigration attorneys can review your case, explain your options, and develop an effective legal strategy to protect your rights and keep your family together. Contact CoxESQ, PC today to schedule a consultation and take the first step toward securing your future in the United States.