Prior to the addition of this stop-time rule, the period of continuous physical presence required for suspension of deportation applicants could run until a final administrative order was issued and an application for suspension of deportation was filed. Under cancellation, the standard is higher. An applicant must prove exceptional and extremely unusual hardship to a qualifying USC or LPR spouse, parent or child. Hardship to the applicant is not relevant. Cancellation of Removal is now available to persons formerly in exclusion proceedings.
Suspension is only available to persons in deportation proceeding.
In cancellation of removal cases, the period of continuous physical presence is deemed to end with certain convictions or commission of certain offenses or service of a Notice to Appear. This Practice Advisory should not be used as a substitute for original research on these issues. It can and should be used as a guide for practitioners representing clients in suspension of deportation or cancellation of removal proceedings. AILF also urges practitioners to access different articles written on these issues, including articles available on AILF's Brief Bank 2000 posted on AILA's Infonet under the suspension of deportation section. The Attorney General subsequently vacated that decision on July 11, 1997.