From Bridgit Meads <[email protected]>
Subject Advisory: Proving Medical & Psychological Hardship for Non-LPR Cancellation
Date July 3, 2020 1:02 PM
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Proving Medical and Psychological Hardship for
Non-LPR Cancellation of Removal
Practice Advisory Non-LPR Cancellation of Removal is an important
deportation defense for eligible individuals in removal proceedings
who have resided in the United States for many years. Proving
“exceptional and extremely unusual” hardship to a qualifying
relative can be difficult, but when medical or psychological
conditions are present, they are often the strongest hardship factor.

This advisory -
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explains how to meet the requisite hardship burden in Non-LPR
Cancellation cases by demonstrating medical and psychological
hardship, especially in light of the BIA’s recent decision, Matter
of J-J-G. The advisory discusses various ways to document medical and
psychological conditions and show how those conditions would cause
hardship to qualifying relatives, in the event of the applicant’s
removal.

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