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Simple English definitions for legal terms
suspension of deportation
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A quick definition of suspension of deportation:
Suspension of deportation is a rule that used to help people who were going to be sent out of the United States. It was a way for a judge to decide not to send someone away if they had been living in the U.S. for a long time and would have a really hard time if they had to leave. Now, there are different rules that do the same thing. To ask for suspension of deportation, a person had to show that they had been in the U.S. for at least 7 years, were a good person, and would have a really hard time if they had to leave (or their family would have a hard time).
A more thorough explanation:
Suspension of deportation is a rule that allows immigrants who are facing deportation to stay in the United States. This rule was part of the Immigration and Nationality Act of 1952, but it was replaced by cancellation of removal in 1997.
There are two types of proceedings that can lead to deportation: exclusion hearings and deportation hearings. Exclusion hearings are for people who are denied entry to the United States at the border. Deportation hearings are for people who are already in the United States and are facing deportation.
If someone is facing deportation, they may be able to seek suspension of deportation. To do this, they must show that they have been physically present in the United States for a certain amount of time (currently 10 years), have good character, and would suffer extreme hardship if they were deported.
For example, imagine that Maria has been living in the United States for 11 years. She has a job, pays taxes, and has never been in trouble with the law. If she were deported, she would be separated from her children, who are U.S. citizens, and would have to leave behind her job and her home. Maria might be able to seek suspension of deportation because she meets the requirements.
Another example is Juan, who has been living in the United States for 5 years. He has a criminal record and has been in and out of jail. If he were deported, he would be separated from his family, but he would not face extreme hardship. Juan would not be able to seek suspension of deportation because he does not meet the requirements.