Having been charged with removability for having entered the United States without authorization, with the representation of Cella & Associates, LLC, US Immigration Lawyers, Respondents 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-years 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, its purpose is to help US Citizens or Permanent Residents avoid the exceptional and extremely unusual hardship which would likely be endured as a result of deporting his or her alien immediate relative by allowing the alien to legalize.)
In this case, both Respondents are from Mexico, and entered the United States without visas in 1999. Based upon IRS transcripts, and many other records and documentation, we were able to establish that the Respondents have been in the United States for over 20 years, thereby satisfying the ten-year-requirement of continuous presence.
The Respondents have also accurately declared their income on their tax returns each year since 1999, and neither has had any arrests of convictions anywhere in the world. Thus we were able to satisfy the good moral character requirement.
Finally, the Respondents have five United States citizen children, ranging in age from 5 to 21 years old, and the citizen children have received public benefits such as Medicaid and SNAP.
However, their ten-year-old son was diagnosed with a speech delay at age four and has received speech therapy two to three times per week. He was also diagnosed with Phimosis which is a condition of the genitalia, which required surgery at age five. Unfortunately, due to a surgical error, the minor child suffered genital mutilation. Even after corrective surgery, the child experiences great discomfort every time he urinates. A psychological evaluation of the same child confirmed that he also suffers from Separation Anxiety Disorder. Such hardships were the most profound of those to be suffered by the other children, and was the primary basis of the necessary exceptional and extremely unusual hardship to be suffered should the parents be deported to Mexico.
At trial, through direct examination and the previous submission of voluminous documentation, attorney Valery Cury, Esq. Was able to establish that the Respondents’ children, especially their ten-year-old son, would suffer “exceptional and extremely unusual hardship” if the Respondents (their parents) were to be deported from the United States.
Having proved their case, both Respondents will keep their Employment Authorization Documents until such time as a visa number (green card) becomes available, which could be this year or after October, 2021, 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 can not do it alone and must have the client’s effort;
Cooperation from the Respondents with the attorneys with regard to providing requested documents on time; and
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 believe that you may meet the above criteria, or are seeking any immigration help at all, please call us at our national toll-free free number 877.583.7080, and we will schedule a confidential consultation via WhatsApp, Skype, Telephone, or Zoom. In addition to English such consultations can be in Albanian, Italian, Portuguese, Russian, Serbian, and Spanish. (Although we do hold in-person consultations, when necessary, in our Clifton New Jersey and Aventura Florida office. Due to COVID-19 concerns, we discourage such consultations for your safety as well as for the safety of our attorneys and staff.)
**Cella & Associates will not prosecute cases which we know, or have reason to believe, are fraudulent or frivolous.**
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