Our Client was from Mexico and married to a United States Citizen, with whom he had two US citizen children. Client had been in the United States for the past 15 years.
Client was placed into deportation proceedings due to the fact that he was not legally present in the United States. After analyzing the situation, we determined that client was prima facie eligible for Cancellation of Removal for Certain non-Permanent Residents. This relief from deportation is available to some persons who have been in the United States for more than 10 years, who have US citizen spouse and/or children, who have been persons of good moral character, and who can prove that their removal from the United States would result in “extreme and exceptionally unusual” hardship to their US citizen spouse and/or children. The “extreme and exceptionally unusual hardship” burden is very difficult to reach.
In Immigration Court we were able to show that client’s wife, who was disabled and suffered from severe depression would suffer “extreme and exceptionally unusual hardship” were her husband deported to Mexico since she had never been to Mexico and her current medical and psychological treatments would be cut off were she to re-locate to Mexico. We were able to show that this treatment was essential to client’s wife’s well-being and, by extension, the well-being of their US citizen children.
As a result, our client was able to obtain his green card directly from the Court and his wife and family were not forced to be separated and have essential medical treatment cut off. Three years following this decision our client will be eligible to apply for US citizenship.