Existe una serie de requisitos de acuerdo con el estatus migratorio de cada solicitante.
Estados Unidos

Confirmed: these are the requirements to request a deportation suspension in the United States

This process allows immigrants to be deported from the United States for a variety of reasons.

More information: Alert: this is the new measure that USCIS proposes for the approval of visa applications in the United States

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The tightening of immigration laws in the United States has led to the detention of thousands of immigrants, of which a large percentage receive a deportation order that requires them to leave the North American country for various reasons such as irregularities in their immigration status.

However, despite how "condemnatory" this process may seem, the truth is that there is a legal option that can prevent deportation: deportation cancellation or suspension.

Managed by the United States Citizenship and Immigration Services (USCIS) and the Department of Justice, this process, in addition to aiming to counter deportation, can also be considered a reversible action with the power to provide assistance to an immigrant who wishes to regularize their immigration status and stay in the United States legally.

Requirements to apply for deportation suspension

Applying for deportation suspension requires a series of requirements according to each person's immigration status. In the case of legal permanent residents who have been detained and put into removal proceedings, these are the requirements they must meet to opt for this legal option:

  • Not have been convicted of an aggravated felony.
  • Have had legal permanent resident status for at least five years.
  • Have resided continuously in the United States for seven years after a legal admission.

For non-residents, characterized by not having obtained a Green Card, they must meet the following requirements if they wish to counter a deportation:

  • Demonstrate good moral character during the process.
  • Show continuous physical presence in the United States for at least ten years.
  • Prove that their deportation would impact a direct family member who is a U.S. citizen or legal permanent resident.

Process to apply for deportation cancellation

In both cases, applicants must submit the corresponding form to an immigration court:

  • Form EOIR-42A, for legal permanent residents.
  • Form EOIR-42B, for non-residents.

Both forms must be accompanied by the required documents in both cases. After the documents are submitted, the immigration judge will determine the approval or denial of the request.

It is important to mention that various aspects, such as criminal records and community ties, among others, can have a significant influence on the judge's decision.

*This article has been automatically translated using artificial intelligence