Suspension of Deportation: What Business Professionals Need to Know

As a business professional, you may be faced with many legal issues when it comes to managing international employees. Suspension of deportation is one of the tools available to those aiming to keep their employees from being deported from the country. It is important to understand what this term means and how it is used in the context of the U.S. immigration law.

What Is Suspension of Deportation?

Suspension of deportation is a form of relief available to non-citizens in the United States who have been placed in removal proceedings. It allows them to remain in the United States without the risk of being deported while they pursue their application for a green card.

This relief was granted in the Immigration and Nationality Act of 1952, but was discontinued by Congress in 1996. However, today it is still available for those individuals who had a deportation order pending as of April 1, 1997.

In order to be eligible to apply for suspension of deportation, the individual must prove that they have resided in the United States for at least seven years. They must also prove extreme hardship that would be caused by their deportation. Extreme hardship is defined as an extreme level of hardship or suffering that goes beyond that which is normally associated with being deported from the country.

The Benefits of Suspension of Deportation

For business professionals looking to keep their employees in the United States, this relief offers a great benefit. It allows non-citizens to remain in the United States, while their application to remain in the country is being processed. This helps to ensure that individuals can continue to work and contribute to the economy without the fear of being deported.

It also offers the possibility of a pathway to citizenship. Once an individual has proven eligibility and received suspension of deportation, they are eligible to apply for a green card. A green card allows individuals to remain in the United States permanently, and may eventually result in citizenship.

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Related Legal Concepts

Understanding suspension of deportation is closely connected to the broader framework of deportation proceedings and immigration relief options. While this specific form of relief was largely replaced by cancellation of removal in 1996, it remains an important historical precedent that shaped modern immigration law and continues to apply to certain grandfathered cases.

The Bottom Line

Suspension of deportation was a crucial form of immigration relief that allowed qualifying non-citizens to avoid removal and potentially obtain permanent residence. Though discontinued for new cases in 1996, it established important legal principles about hardship standards and continuous residence requirements that continue to influence current immigration law. For guidance specific to your situation, always consult a qualified, licensed attorney.