Legal Question in Immigration Law in California

Husbands disability

After spending 18 months of a 27 month sentence in state prison, poor medical care has left my husband unable to walk. He will be in a wheel chair for ever. His is not a legal resident, and due to his record will face deportation. We were dealing with this ok, when they read a MRI wrong and he had a reoccurance of an brain tumor but in his spine. the prison failed to treat him in a timly maner and the result is this. Going back to Mexico with no way to support himself, no medical care will be a death sentence for him Is there any way he can stay here.? I am an us citizen and can support him. Is there anything that can be done.?


Asked on 10/30/06, 10:52 pm

2 Answers from Attorneys

Ricardo Vidal Law Offices of Ricardo Vidal, P.A.

Re: Husbands disability

He may be eligible for "Cancellation of Removal" relief. This is a procedure by which an Immigration Judge will cancel the deportation proceedings and allow your husband to permanently reside in the United States if deporting him would cause extreme and unusual hardship to his immediate family.

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Answered on 10/30/06, 11:03 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: Husbands disability

Pursuant to to 8 USC � 1229(b), which pertains to Cancellation of Removal and Adjustment of Status, the Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien has been an alien lawfully admitted for permanent residence for not less than 5 years, has resided in the United States continuously for 7 years after having been admitted in any status, and has not been convicted of any aggravated felony.

The Attorney General may also cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application, has been a person of good moral character during such period, has not been convicted of an offense under section 1182 (a)(2), 1227 (a)(2), or 1227 (a)(3) of this title (except in a case described in section 1227 (a)(7) of this title where the Attorney General exercises discretion to grant a waiver), and establishes that removal would result in exceptional and extremely unusual hardship to the alien�s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

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Answered on 10/30/06, 11:18 pm


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