How To Prove Extreme Hardship To Relatives At Your Cancellation Of Removal Immigration Court Trial

For many immigrants facing deportation at immigration court, proving their removal from the United States would result in an extreme hardship - or exceptional and extremely unusual hardship - to their qualifying relatives is crucial. http://www.bataraimmigrationlaw.com So who is a qualifying relative? And how does an immigrant prove a qualifying relative will suffer such a high degree of hardship? These issues are the topics of this video. THE DEFINITION OF QUALIFYING RELATIVES FOR DEPORTATION CASES Undocumented immigrants, after apprehension, are issued a notice to appear at immigration court removal proceedings to face charges of deportation. They lack legal permission to live in the United States. THE MEANING OF EXCEPTIONAL AND EXTREMELY UNUSUAL HARDSHIP In reality, the meaning is a term of art. It represents, in short, a legal fiction incapable of precise definition. After all, how does one really know when a hardship is average or normal, versus hardship which is exceptional or extremely unusual? Immigration courts have struggled with this issue for years. The current definition, articulated in a Board of Immigration Appeals decision over a decade ago, provides limited guidance. To demonstrate exceptional and extremely unusual hardship, the Board noted, immigrants must provide the court with evidence of harm to his spouse, parent, or child substantially beyond that which ordinarily would be expected from the alien’s deportation. Shaking your head? I would not be surprised if you are. This reminds one of former Supreme Court Justice Potter Stewart’s description of what constitutes pornography, “I know it when I see it.” Same here. “I know exceptional and extremely unusual hardship when I see it.” FACTORS OF HARDSHIP: HOW TO SPOT AND RECOGNIZE EXCEPTIONAL AND EXTREMELY UNUSUAL HARDSHIP In a case from the 1960s, Matter of Anderson, set a guideline for what factors should be assessed at an immigration removal hearing even today. As one might expect, it did not lay out a precise list of hardship factors. Rather, the Anderson case set forth a general list of factors to consider. This included the immigrant’s age, family ties here and abroad, length of residency in the U.S., conditions of health, economic and political conditions in the county of the immigrant’s birth, financial status, other means of legalizing immigrant status, whether the immigrant has been of special assistance in the U.S., and the immigration history of the undocumented immigrant. But under current law, the hardship of the immigrant does not count. Only the hardship of qualifying relatives at the removal proceedings in immigration court. Or does it? Has the change in immigration law truly lessened the cancellation of removal chances of success? At present, cancellation of removal requires a showing of hardship by the immigrant’s qualifying family members. Consider, for a moment, the extreme hardship to an individual who is not a qualifying relative – say the immigrant’s mother, or the qualifying relative spouse’s parents – caused by the removal of the undocumented immigrant from the United States. If that harm indirectly causes a greater degree of suffering to the immigrant’s qualifying relative spouse, this is a factor to be weighed by the immigration judge. It is a consequence of the immigrant’s deportation. In other words, it is still possible to win cancellation of removal cases and an extreme hardship waiver. There are still cancellation of removal approved cases. Don't lost hope. Instead, learn how to fight back. As a family immigration lawyer, I hope you watch this video and gain insights into how to explore the issues about your qualifying relatives at your immigration court hearing. Because there are so many hardship factors, and this video only covers a few examples, here's a useful resource: http://www.bataraimmigrationlaw.com/m... This link gives you access to my immigration hardship wheel. I put this wheel together to provide you with more insights on what the immigration court judge wants to know at your cancellation of removal hearing. #ExtremeHardshipWaivers #CancellationOfRemovalTips #bataraimmigrationlaw #carlosbatara #ImmigrationCourtHelp MORE INFORMATION? Would you like more information about Batara Immigration Law's deportation and removal defense services? Call (800) 646-0667 or click here: http://www.bataraimmigrationlaw.com/d... Immigration attorney Carlos Batara has offices to serve you in San Diego, Riverside, and San Bernardino counties in Southern California. Here is another You Tube video on the cancellation of removal hardship factors:    • Cancellation Of Removal - A Short Roadmap ...   Support Batara Immigration Law By Subscribing to You Tube Channel:    / @bataraimmigrationlaw   Like Us On Facebook:   / bataralaw