When facing removal (deportation) proceedings, individuals may qualify for various forms of relief that can allow them to remain in the United States or depart under favorable conditions. The availability of relief depends on your individual circumstances, immigration history, family ties, and other factors.
Our experienced attorneys can evaluate your case, identify all available relief options, and build the strongest possible defense to protect your right to remain with your family in the United States.
Discretionary Forms of Relief
These forms of relief require the immigration judge to exercise discretion in granting relief. The individual must prove eligibility and demonstrate that they deserve relief as an exercise of discretion.
For Lawful Permanent Residents (LPRs)
Lawful permanent residents may be granted cancellation of removal if they meet the following requirements:
- Have been a lawful permanent resident for at least 5 years
- Have continuously resided in the United States for at least 7 years after lawful admission
- Have not been convicted of an "aggravated felony" (a term more broadly defined in immigration law than in criminal settings)
For Non-Permanent Residents
Non-permanent residents may be granted cancellation of removal if they demonstrate:
- Have been continuously present in the United States for at least 10 years
- Have been a person of good moral character during that time
- Have not been convicted of an offense that would make them removable
- Removal would result in exceptional and extremely unusual hardship to their U.S. citizen or lawful permanent resident spouse, parent, or child
Note: The "exceptional and extremely unusual hardship" standard is very high and requires showing hardship beyond what would normally be expected from family separation. This often involves severe medical conditions, complete financial dependency, or significant emotional/psychological impact on the qualifying relative.
Under section 208(a) of the Immigration and Nationality Act, asylum may be granted to individuals who qualify as a "refugee." This requires demonstrating an inability to return to their home country because of past persecution or a well-founded fear of future persecution based on:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
Bars to Asylum Eligibility:
- Failed to file asylum application within first year of arrival in the U.S.
- Convicted of an aggravated felony
- Found to be a danger to national security
- Previously denied asylum
- Firmly resettled in another country
Related Forms of Relief: Withholding of Removal and protection under the United Nations Convention Against Torture (CAT) are similar forms of relief that may be available even when asylum is not an option.
Adjustment of status allows an individual to change their status from non-immigrant to lawful permanent resident. Aliens in removal proceedings can apply before an Immigration Judge if they meet certain conditions:
- The individual must be admissible for permanent residence
- An immigrant visa must be immediately available at the time of application
- Often petitioned for by a spouse, family member, or employer
Individuals Who May Be Ineligible:
- Those with certain criminal convictions
- Those who failed to appear for proceedings
- Those who failed to depart after grant of voluntary departure
- Those who were previously ordered removed
Voluntary departure is the most common form of relief from removal and may be granted by Immigration Judges as well as the Department of Homeland Security (DHS). It allows an individual to depart the United States at their own expense and return to their home country, or another country if the individual can secure entry there.
Key Benefits:
- Avoids the stigma of formal removal
- Preserves future immigration options
- No automatic bars to re-entry (unlike formal removal)
Important Deadlines:
- Those granted voluntary departure prior to completion of removal proceedings must depart within 120 days
- Those granted at the conclusion of removal proceedings must depart within 60 days
Warning: Failure to depart within the specified time subjects the individual to fines and a 10-year period of ineligibility for other forms of relief. It is critical to comply with all deadlines.
Administrative and Judicial Relief
Additional Forms of Relief
An alternative form of relief for individuals fearing persecution in their country of origin. Similar to asylum but with a higher burden of proof. Unlike asylum, withholding does not lead to permanent residence but prevents deportation to the country of feared persecution.
Protection under the Convention Against Torture (CAT) is available to individuals who can demonstrate that it is more likely than not that they would be tortured if removed to their country. This protection does not require showing persecution based on a protected ground.
The Violence Against Women Act (VAWA) allows certain victims of domestic violence to self-petition for lawful permanent residence without the abuser's knowledge or consent. Available to spouses, children, and parents of U.S. citizens or lawful permanent residents.
U Visa: For victims of certain crimes who have suffered substantial mental or physical abuse and are helpful to law enforcement.
T Visa: For victims of human trafficking who are in the United States due to trafficking and would suffer extreme hardship if removed.
Explore Your Relief Options
Every case is unique, and the availability of relief depends on your specific circumstances. Our experienced immigration attorneys can evaluate your case, identify all available options, and build a comprehensive defense strategy.