How to Prove Exceptional Hardship to Avoid Deportation

 Posted on May 15,2019 in Immigration

If you are facing deportation proceedings because you are not a lawful permanent resident (LPR) of the U.S., you may be eligible for cancellation of removal. However, you will have to convince an immigration judge that your deportation would result in exceptional and extremely unusual hardship to a qualifying relative, defined as your LPR or U.S.-citizen spouse, parent, or unmarried child under age 21. This is a very difficult standard to meet. The assistance of an experienced immigration attorney is highly recommended in order to present your arguments in the most persuasive manner.

The immigration judge will make the exceptional and extremely unusual hardship decision not based on any one factor but rather based on the totality of the evidence. As you will see, it is generally easier to prove that your removal will create exceptional hardship for a child who was born in the U.S. than for a parent who grew up abroad or a self-sufficient adult spouse.

Factors that Add Up to Exceptional and Unusual Hardship

You will want to use as many of these factors as possible to make your case for exceptional hardship:

Age-related needs. This argument is most often used when you have a child who would have to go with you if you are deported. A very young child will generally not have a very difficult time transitioning to a new country. A teenager who speaks only English, however, could face extreme hardship in making the transition to a new language and a new school system. You could, for example, argue that the new country does not have adequate educational programs for your child, especially if the child has any sort of learning disability.

Health needs. If you are the primary caregiver for a qualifying relative with an unusually severe medical condition that cannot be properly treated in your home country, this can be used to argue for exceptional hardship. For example, your spouse might require your ongoing care due to a crippling degenerative disease such as multiple sclerosis, ALS, or Parkinson’s, for which adequate treatment is not available in your home country. If you are a primary caregiver for a qualifying family member who is currently undergoing long-term treatment for something like cancer or leukemia, that would also be a good argument for extreme hardship.

U.S. versus home country family ties. You might, for example, argue that your child has tight bonds with a large extended family in the U.S. and would have no family in your home country but you. If your child is exceptionally talented in a field such as music or sports, you could also argue that your child has strong ties to instructors and teammates who are critical to their advancement in that field. You must, however, be able to explain why the child cannot stay in the U.S. without you.

Home country dangers. If your removal would require a child or other qualifying family member to leave with you, you may be able to argue that they would be exposed to unusually dangerous conditions in your home country. For example, a homosexual child or same-sex spouse might be subject to extreme hostility or even physical attacks in certain countries. Exposure to deadly diseases not present in the U.S., extreme discrimination against women, or ongoing war in your home country could also be argued.

Talk to Our Chicago-area deportation Defense Lawyers

Our knowledgeable DuPage County immigration lawyers will help you make the strongest possible case to stop your deportation on the basis of extreme hardship. Call Mevorah & Giglio Law Offices at 630-932-9100.