A person who is in the United States without proper documentation, whether this is because they didn’t have it when they came into the country or because they allowed their documentation to expire, has a lot of battles to fight. One thing that they might not expect is that it can impact a child custody matter.
It’s possible in some cases to have a removal order canceled. There are specific conditions of this, but it might be beneficial to try to get it done if you’re in the midst of a child custody battle and facing deportation. One of the primary reasons to attempt this is so that you can keep your family together. It would be devastating to your child to have one parent in one country and the other in another, especially if they’re used to you all being together.
There are several conditions that must be met if you want to have the removal order cancelled. These include:
- Being in the United States for at least 10 years
- Not having issues with falsification of immigration documents or failure to register
- Not being deportable or inadmissible because of certain criminal actions
- Having good moral character
- When being removed would cause a spouse, parent or child to suffer an “exceptional and extremely unusual hardship”
It can be difficult to deal with this type of situation, so you need to have an attorney you trust who can explain your options and help you determine what avenue is best for you. Thinking about how they might impact your child is also critical if you’re facing a custody issue with your immigration problem.