Is There Hope For Me in Deportation Proceedings?

Question: I have been in the United States for 13 yearsAnswer: You have actually hit on the most difficult part
and have worked illegally the entire time. My boss justof a Cancellation of Removal case. It is showing the
came to me last week and said the Social Securityextreme hardship. Previously, if you had children that
Department has sent him notification that there iswere of at least five or six years old, it was not
something wrong with my Social Security Number anddifficult to prove this issue. Then the Board of
that he must terminate my position. Two days later IImmigration Appeals came out with a case that
got a letter from the Immigration and Naturalizationbasically made it incredibly difficult to meet the
Service that I am in deportation proceedings. Do I haveextreme hardship burden. Recently, the Board of
any hope?Immigration Appeals has seemed to back off of such
Answer: First, the Social Security Department hasa stringent interpretation of the issue of showing
been getting much stricter on notifying employersextreme hardship. It is known as the Recinas case and
when a Social Security Card does not match thewas decided less than one month ago. In fact, the
employees information and they are under anexact terminology that you must consider is
obligation to notify the employee. Previously, they had'exceptional and extremely unusual' hardship.
done this only when there was an employer with aTherefore, the hardship associated with a normal
large amount of employees who had incorrectdeportation will not suffice. However, under Recinas,
information (e.g., fake social security cards.) However,you do not need to show that the hardship would be
in the current world we live in, they are now sendingunconscionable. In deciding a Cancellation of Removal
employers the request for confirmation of the Socialclaim, consideration and evidence should be given to
Security Card if a single employee's information doesthe age, health and circumstances of the family
not match. Under the immigration laws, they are thenmembers. Some of the factors would include how a
forbidden to keep the employee hired without violatinglower standard of living or adverse country conditions
the law.in the country of return might affect those relatives.
Unfortunately, you are now in Removal ProceedingsQuestion: What type of factors should I present to
and the INS will try to have you deported. Fortunately,show the hardship?
the United States has several options for people inAnswer: In addition to the above, try to show all U.S.
Removal (or deportation) Proceedings even if theyCitizen family members who interact with your children
have worked out of status and are here in the United(such as a Grandmother or Grandfather.) Present
States illegally. There is what is known as Cancellationevidence on how little knowledge they have of their
of Removal. In order to qualify for this type of relief,home country, or how they may not know the
you need several things. First, you must have beenlanguage and culture of the home country. Present
physically present in the United States for at least tenevidence showing financial, emotional and medical
years. Secondly, you must have good moral character.hardships. Also, show that there are no other realistic
Finally, you must have an immediate Lawful Permanentmeans for you to ever immigrate to the U.S. again.
Resident Relative or United States Citizen who willBasically, it is not easy to obtain Cancellation of
suffer extreme hardship if you are deported orRemoval, but if all the evidence is presented and all of
removed from the United States.the different factors are taken into account regarding
Question: I do have two United States Citizen Children.the hardship, there is a chance you will be granted
However, how would I possibly show or prove thatyour Lawful Permanent Residence based upon
they would suffer extreme hardship if I wereCancellation of Removal.
deported?