Miami Family Law
Suspension of Deportation in Miami by David Johnson
If any one in Miami has been subjected to deportation prior to April 1997, that person can apply for suspension of deportation. The person needs to file Form EOIR-40 under former § 244 of the INA or Immigration and Nationality Act. If the person is an alien he or she needs to file FormI-881 under § 203 of the NACARA or Nicaraguan Adjustment and Central American Relief Act.
Form EOIR-40
In order to be eligible for applying for suspension of deportation as well as a change in status (that means to become a lawful permanent resident) the alien must:
* Have been a person with a good moral character
* Have been staying in US continuously for at least seven years
* Prove that the deportation will cause extreme hardship either to the applicant himself or herself or the immediate family members of the applicant who are lawful permanent residents or US citizens
The physical presence requirement is often deducted to three years in case of abused spouses and children. On the other hand the physical presence requirement can be extended up to ten years if the alien has been convicted of committing a serious crime. The physical presence requirement is not applicable for military members who have been serving the nation for a continuous period of 24 months.
The alien may not be eligible for EOIR-40 suspension of deportation if the person:
* Entered US after June 30, 1964 as a crewman
* Has been engaged in Nazi persecution or genocide
Before filing the application the applicant needs to provide biographic and biometric information to the USCIS (U.S. Citizenship and Immigration Services). Along with the application some supporting documents are to be filed with the ICE (U.S. Immigration and Customs Enforcement). An immigration judge will then decide whether to grant the application. If an alien gives false information the person will be subjected to criminal prosecution and should be prepared for civil penalties.
Form I-881
An alien who has been the subject of deportation can apply for suspension of deportation under § 203 of Nicaraguan Adjustment and Central American Relief Act. The alien must meet the following criteria to be eligible for suspension of deportation.
* The applicant must have entered US by 1990 and applied for asylum within 1991. While applying for the asylum the applicant must have been a national of the Soviet Union. Being a national of any of its republics including Romania, Poland, Yugoslavia, Czechoslovakia, Hungary, Albania, Bulgaria, East Germany also makes the person eligible to apply for suspension for deportation.
* The application is the spouse or child (unmarried) of a national of any of the Soviet Union republics.
* The applicant has not been convicted of committing security violation or any aggravated felony.
Deportation law of US is really very complicated and a lay man can never handle it successfully. People living in any state or any city of US needs to follow the deportation law if they have been subjected to deportation and the people living in Miami is o different in this respect. Hence it is crucial to seek help from Miami Deportation Attorneys if someone has been subjected to deportation.
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Attorney Resources: To hire a qualified deportation attorney in you area just look at 800 Miami Lawyers Directory. And choose a best profile.
About the Author
David Johnson is a deportation attorney who writes on various topics like Miami Deportation Attorneys, deportation law in US etc. He recommends that you have a look at http://www.pozogoldstein.com/ for details about deportation law.
Miami Criminal Defense Attorney | Lawyer | The Spatz Law Firm | DUI/DWI | Family Law
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