Wilner & O'Reilly, APLC
One Practice. One Focus. One Passion: Immigration Law.

One immigrant family granted their Christmas wish

A 38-year-old mother of three was placed under deportation proceedings back in March of 2010 after receiving a traffic violation. This December 3rd, that very same immigrant was granted the status of "legal resident" after her request for "cancellation of removal" was granted.

The mother worried most about losing her three children and what would happen to them should the deportation proceedings go forward and be finalized. All three of her children were born in the United States, creating that mixed-status family we discussed in the previous blog titled "Mixed-status households feeling the immigration pinch."

An undocumented immigrant can be granted "cancellation of removal" under certain conditions. Those conditions are met if the immigrant (1) has lived in the country for 10 years continuously without leaving, (2) possesses no criminal record, (3) is a person of good moral character, and (4) if the deportation would result in exceptional and extreme hardship to a U.S. citizen or permanent resident who is a spouse, child, or parent.

A letter from her daughter may have helped tip the scale in the mother's favor as this particular child suffers from medical conditions that could not be afforded or accommodated in Mexico or without the mother. After seeing the outcomes of many of the cases in front of hers, the mother was not very hopeful, but then she received her Christmas gift from the judge in the form of "legal resident" status. She will now spend the holiday with her family in their own home together. A happy ending for all and for all a better life.

Source: The Chicago Reporter, "Undocumented Life: One year later, an immigrant gets a Christmas wish," Maria Zamudio, Dec. 18, 2012

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