Friday, January 21, 2011

Immigration Rights | Cancellation of Removal for Non-LPRs

The Daily Record reported that federal immigration agents raided a group of 50-80 Ellensburg, WA residents, all Hispanic.

I also read from inside sources that the raid happened in a church, and the methods were heavy-handed. A low-flying helicopter was involved, as well as collaboration with ICE, local law enforcement and a standard fugitive ops team. There were also reports that raids happened in trailer parks.

Children suffer the most. If a child is born in the US, but her parents are from a foreign country and are subject to removal, then it is uncertain if the parents are able to stay in the US. Contact a lawyer familiar with immigration law if you are in these circumstances!

One possible form of relief to keep the family together is cancellation of removal for non-LPRs. To qualify, the parent must have a US citizen or lawful permanent resident child, have resided continuously in the US for at least 10 years, have good moral character, and have not been convicted of any crimes described in deportability and inadmissibility provisions. Finally, the parent must show that if they are removed from the US, exceptional and extremely unusual hardship would result for their child, spouse, or parent. 

Immigration law is broadly designed to keep families together. But, at the same time, the law also breaks up parents and children in traumatic ways. Enforcement may come suddenly, as what happened in Ellensburg.

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