Question #3:  What happens after you file for suspension of deportation? The INS will grant Green Card or what ???

Carl Shusterman: Suspension of deportation is currently available only to persons who were placed in deportation proceedings prior to April 1st, 1997, and to persons who are NACARA eligible. To qualify for suspension of deportation, you must demonstrate

1) that you have been continuously physically present in the United States for at least 7 years

2) that you are a person of good moral character, and

3) that your removal from the United States would result in "extreme hardship" to yourself and to any parents, spouse or children who are US citizens or lawful permanent residents.

Between 1993 and 1997, we surrendered over 80 of our clients to the INS to be processed for deportation proceedings in order to apply for suspension of deportation. All 80 were granted green cards by immigration judges.
However,  Congress changed the law in 1996 so that most persons in removal proceedings are ineligible to apply for suspension of deportation. :(

Essentially, Congress replaced Suspension of Deportation with a new form of relief, called "Cancellation of Removal" Cancellation of removal requires that

1) you be continuously physically present in the United States for 10 years before INS initiates removal proceedings,

2) that you are a person of good moral character, and

3) raises the level of hardship which is required, and does not consider hardship to you, only to your qualifying relatives.

We have been much more selective about surrendering clients to INS in order to apply for cancellation or removal. However, we have won each of the first few cases that we have taken before the immigration court.


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