Applying for a cancellation of removal for medical consequences

Applying for a cancellation of removal for medical consequences

| Apr 16, 2020 | Firm News |

Some of the best medical care in the world is nearby for most Maryland residents. If you rely on local medical treatment for yourself or a family member and have received a deportation order, you may have concerns about your healthcare options. We often assist clients who require specialized medical attention by applying to an immigration judge for status adjustment.

According to U.S. Citizenship and Immigration Services, the officer assigned to your case may agree that you qualify for an extreme hardship determination. This includes making an exception for medical consequences.

Cumulative considerations

Rather than look at each factor and its ramifications individually, your case officer must assess your situation as a whole. Depending on the circumstances, the common consequences of a single element may not constitute extreme hardship but might become so when the officer weighs all factors. They include the following:

  • Whether the quality of treatment you or your family member needs is available in the country to which you are returning
  • The psychological impact of the separation on your family members
  • If your separation could aggravate prior trauma related to separation or previous humanitarian protection

Cancellation of removal

You can fight deportation by filing a cancellation of removal. Contingent on your immigration status and violations, this application may waive the deportation order. Similar to your case officer, an immigration judge also looks at a variety of favorable factors when deciding whether to cancel your removal. If you can demonstrate that your close family members will suffer hardship if you leave, have a positive history and are a longtime resident, he or she may grant your application.

Immigration law is complex, and the process can take months to years. Providing documentation and witnesses who can attest to your character can help in your fight to remain in the U.S.