29 Oct Nonpermanent Resident Cancellation of Removal Granted to Mexican National by Immigration Judge
Our Philadelphia immigration lawyers secured a grant of Cancellation of Removal for a client from an Immigration Judge in Immigration Court in Philadelphia, Pennsylvania. This form of relief from removal is available to non-permanent residents who satisfy the following three requirements:
Prior to receiving a Notice to Appear, has continuously resided in the United States for 10 years and during which time has been a person of good moral character as defined in section 101(f) of the Immigration and Nationality Act (INA);
Has not been convicted of an offense covered under INA sections 212(a)(2) (criminal grounds of inadmissibility), 237(a)(2) (criminal grounds for deportation), or 237(a)(3) (failure to register and falsification of documents grounds for deportation);
Removal would result in extreme and exceptionally unusual hardship to their United States Citizen or Lawful Permanent Resident spouse, parent, or child, and is deserving of a favorable exercise of discretion on their application by the Immigration Judge.
Our immigration attorneys filed Form EOIR-42B and compiled 492 pages of evidence pertaining to the case to demonstrate our client’s 10 years of continuous residence and good moral character and to support the extreme and exceptionally unusual hardship that our client’s United States Citizen wife and stepchildren would have suffered if our client was not granted relief from removal and was forced to return to his country of birth Mexico.
Stepson would suffer extreme and exceptionally unusual hardship due to his serious medical conditions: Our client’s youngest U.S. citizen stepchild has five significant physical health problems which affect his daily living and require specialized medical treatment for the rest of his life: Epilepsy, Severe Dental Caries, Myringotomy Tubes, Chiari Malformation, and Mucous Retention Cysts/Blindness. If our client was removed from the United States and forced to return to Mexico, his stepchild would have had to remain in the United States without him because he would not have access to the medical care he needs to keep him healthy. This was due to the remote location in Mexico where our client’s extended family lives and the lack of specialists in Mexico to help with the child’s severe medical conditions. The child’s medical records and clinical exam notes were included with the application in support of the hardships detailed in the affidavit we submitted from our client. Scientific research articles on the child’s conditions also were included as further evidence of the severity of the child’s health concerns. Moreover, the stepchild would have suffered extreme and exceptionally unusual hardship if he remained in the United States and our client could not live with him because the child required constant attention to prevent serious injury caused by seizure and this kind of constant attention would not be available with only the child’s mother in the United States, as the mother works and would be unable to be with the child at all times as needed.
Wife would suffer extreme and exceptionally unusual hardship due to her diagnosed Depression and Anxiety: Our client’s U.S citizen wife regularly attends sessions with a psychologist for mental health care. Copies of Psychological Evaluations and Notes on treatment were enclosed with the application as evidence of her mental health problems. These issues were steadily worsening as our client’s immigration proceedings continued as the wife believed her husband was in danger of being killed if he returned to Mexico. Our attorneys demonstrated that extreme and exceptionally unusual psychological hardship would have resulted if our client was removed from the United States as his wife would have suffered a psychological breakdown making her unable to care for herself or her family. She would also be unable to get access to the mental health care she needed if he were removed to Mexico and she moved to Mexico to be with him. Various scientific research articles on Anxiety and Depression were also included with the evidence package compiled by our attorneys to help support the case.
Extreme and exceptionally unusual financial impact on the family if our client departed from the United States: An affidavit compiled by our client with the help of our attorneys showed that without the financial support of our client, his family would be unable to support themselves from the hourly income earned by one parent. He would also be unable to find work in his hometown in Mexico due to high unemployment, extreme underemployment, and one of the worst poverty levels in the country. This financial hardship rose beyond the mere showing of economic detriment. To give a better understanding of the dire financial situation of the family, various financial documents were included in the evidence package compiled by our attorneys including: lease agreements, recent bills, earnings statements, and Federal Tax Returns.
Extreme and exceptionally unusual hardship due to dangerous country conditions of Mexico: Our client would be unable to take his U.S citizen wife and stepchildren back to Mexico if he were removed from the United States due to the extreme poverty and rampant crime targeted towards U.S citizens that exists in Mexico. Also due to drug crimes and drug cartels in Mexico, our attorneys showed that our client would be putting his family in danger in they relocated to Mexico with him. To support these claims made within the affidavit of our client, our immigration lawyers at Getson & Schatz provided various articles on the poverty rates, violence, and inadequate healthcare in Mexico.
Based on the information compiled by our Philadelphia attorneys and testimony at trial, our client was granted relief from removal by the Immigration Judge, allowing him to remain in the United States as a Lawful Permanent Resident with his U.S. Citizen wife and stepchildren.