Attorneys: Michael Campise, Esq.
Case Manager: Korina Beltre
The client was charged with removability for having entered the United States without authorization. On behalf of the client, Cella & Associates, LLC, US Immigration Lawyers,
filed applications for Cancellation of Removal for Certain Non-Permanent Residents. In order to prevail in such a case, an individual must prove to the satisfaction of the Immigration Judge the following:
• That he or she has been in the United States for at least 10 consecutive years. (Certain brief departures may not be deemed an interruption of the ten-year requirement)
• That he or she is a person of good moral character
• That to deport him or her would cause his or her US Citizen or Lawful Permanent Resident parent, spouse and/or child “exceptional and extremely unusual hardship”.
(It should be noted that the purpose of this law is not to legalize undocumented aliens. Rather, it’s purpose is to help US Citizens or Permanent Residents legalize to avoid the exceptional and extremely unusual hardships created by removal.)
In this case, Respondent is from Peru, and entered the United States without a visa on September 1, 1996. Based upon IRS transcripts, and many other records and documentation, we were able to establish that the Respondent has been in the United States for over 20 years, thereby satisfying the ten-year-requirement continuous presence requirement.
The Respondent has also accurately declared his income on his tax returns each year since 1996, and never has had any arrests or convictions anywhere in the world. Thus we were able to satisfy the good moral character requirement.
Finally, the Respondent has two United States citizen children, ages19 and 23 years old, and the citizen children have received public benefits such as Medicaid since they were born until present.
The nineteen-year-old daughter has been diagnosed with Generalized Anxiety Disorder, Mild Depression, Astigmatism, Nearsightedness, Severe Migraines, Lack of Appetite, Anemia and Pre-Diabetes, for which specialized treatment is needed. Such hardships were the primary basis of the necessary exceptional and extremely unusual hardship to be suffered should the father be deported to Peru.
At trial, through direct examination and the previous submission of voluminous documentation, attorney Michael Campise, Esq. was able to establish that the Respondent’s children, especially his nineteen-year-old daughter, would suffer “exceptional and extremely unusual hardship” if the Respondent (her father) was to be deported from the United States.
Having proved their case, Respondent will keep his Employment Authorization Document until such time as a visa number (green card) becomes available, which could be this year or after August, 2022, when the new lot of visa numbers becomes available.
As we stress with all clients at Cella & Associates, the keys to successful outcomes in our cases are as follows:
• Keeping in mind that every case requires a team effort; the attorneys cannot do it alone and must have the client’s full participation
• Cooperation from the Respondents with the attorneys with regard to providing documentation in a timely manner
• Telling the attorneys the truth, preferably at the consultation, even if the client(s) believe that it may be harmful to their case(s)
If you, or someone you know, needs help through the immigration process, please call Cella & Associates on our national toll-free number 877.583.7080 and we will schedule a confidential consultation with one of our attorneys via Skype, WhatsApp, Telephone or Zoom. In addition to English, consultations can be in Albanian, Italian, Russian and Spanish.
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**Cella & Associates will not prosecute cases which we know, or have reason to believe, are fraudulent or frivolous
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