Suspension of deportation

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Updated: 4/13/2007 3:36 pm
You can stop deportation proceedings against you by seeking what’s called a “suspension of deportation.” Suspension may be granted to individuals who have been physically present in the United States for seven years and have maintained good moral character throughout that period of time. The residency requirement is reduced to three years for battered spouses, children, and parents of a battered child. You must also prove that you or your family will face extreme hardship if returned to your home country. You may also be eligible to apply for suspension if you can prove that leaving the United States would cause extreme hardship on your spouse, children, or parents who are U.S. citizens or permanent residents. Factors you can use to help prove your case for extreme hardship include your age, your family ties in the United States, the absence of family in your home country, your health condition, your financial status, your position in the community, and the political and economic conditions in your home country. To seek a suspension, you must file Form I-2-46-A (eye two 46-A). If your application is approved and you’re granted a suspension, you’ll automatically be given permanent resident status. Keep in mind that even if you meet the statutory requirements for applying for a suspension, an immigration judge could deny the relief as a matter of discretion. Currently, no more than 4,000 persons may be granted permanent residence through suspension of deportation per fiscal year.

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