Los Angeles, CA asked in Immigration Law for North Dakota

Q: Is there anything that can be done to avoid deportation?

In the state of North Dakota a family was on their way home when a police officer pulled them over for a bad license plate light. One daughter who is a citizen was driving .The officer asked everyone in the car for identification. Mother and father were passengers including their youngest child who is still breastfeeding. He took the mother who is an undocumented immigrant and is at risk of being deported. She has never committed any crime and has been in the US for 20 years, she is yet to be heard of. The only reason why the father was not taken as well is because he has a case pending on immigration status.

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1 Lawyer Answer
Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: She is probably eligible to apply for a green card through cancellation of removal.

Here are the requirements:

If you have been placed in removal proceedings and you have resided in the United States for a long period of time, you can apply for Cancellation of Removal for non-LPRs before an Immigration Judge if you satisfy each of the following conditions.

You have been physically present in the U.S. for a continuous period of ten years prior to the institution of removal proceedings. (This requirement is not applicable if you have served a minimum of 24 months in the U.S. Armed Forces, were present in the U.S. during your enlistment or induction, and are either serving honorably or have received an honorable discharge.) “Continuous” means that you can not be out of the U.S. for more than 90 days at a time, or 180 days in the aggregate, during the ten-year period.

You have been a person of good moral character for ten years;

You are not inadmissible under §212(a)(2) or (3) (criminal and security grounds) or deportable under §237(a)(1)(G) (marriage fraud), (2) (criminal grounds), (3) (failure to register and falsification of documents) or (4) (security and related grounds).

Your removal would result in exceptional and extremely unusual hardship to your spouse, parent, or child, who is a citizen of the United States or a lawful permanent resident.

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