Relief From Removal Options

Facing the threat of deportation while in immigration removal proceedings is one of the most stressful and terrifying prospects for anyone living in the United States. Your entire future, as well as that of your family members, is at stake. You need an experienced and aggressive immigration lawyer to fight to keep you in the United States. You may be eligible to apply for one or more forms of relief from removal.

Numerous forms of relief from removal exist, including:

1. Immigration Bond:

A detained foreign national may qualify to be released on bond depending on his or her criminal and deportation history and current immigration status so long as he or she does not pose a flight risk and does not present a danger to society.

2. Cancellation of Removal for Lawful Permanent Residents:

If you are a lawful permanent resident, you may be able to remain in the United States if you have been a lawful permanent resident for five years, have resided in the United States continuously for seven years after having been admitted in any status, and have not been convicted of an aggravated felony.

3. Cancellation of Removal for Non-Lawful Permanent Residents:

This form of relief gives lawful permanent resident status to an undocumented immigrant if granted by the Immigration Judge. You are eligible to apply for cancellation of removal if you have been living in the United States for more than ten years, have been a person of good moral character during that time, and have a parent, spouse, or child who is a United States citizen or lawful permanent resident who would suffer exceptional and extremely unusual hardship if you are deported.

4. Adjustment of Status:

You may be able to become a lawful permanent resident through adjustment of status if you are eligible to receive a visa, are admissible to the United States for permanent residence, and an immigrant visa is immediately available to you at the time of filing your application.

5. Asylum, Withholding of Removal, or Protection Under the Convention Against Torture:

Fear of returning to your country may allow you to request Asylum in the United States if you have been persecuted in the past or are able to prove a well-founded fear of future persecution because of your race, religion, nationality, political opinion, or membership in a particular social group. Withholding of Removal must be granted if you can prove a clear probability of harm by showing that it is more likely than not that you would suffer persecution due to your race, religion, nationality, political opinion, or membership in a particular social group, if removed. Protection Under the Convention Against Torture is granted if you can prove it is more likely than not that you would be tortured for any reason, if removed.

6. Prosecutorial Discretion:

Prosecutorial Discretion is a request to be allowed to remain in the United States, often despite being currently ineligible for any particular form of relief from removal. This type of request is made to the Government’s Attorney instead of the Immigration Judge. It is a favorable exercise of discretion declining to prosecute based upon the totality of the circumstances that your removal would not be in the best interests of the United States.

7. Voluntary Departure:

While unfortunate, sometimes the only relief available is requesting the privilege of voluntary departure in lieu of deportation. If granted, the Immigration Judge will allow you to voluntarily leave the United States usually within 60 or 120 days. However, the benefit of voluntary departure is that it allows you to avoid the potential negative consequences of an order of removal and may make it easier for you to return to the Unites States lawfully in the future.


 

Deferred Action For Childhood Arrivals (“DACA”)

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal, during which they are eligible for a work permit. To be eligible for DACA, you must have been under the age of 31 on June 15, 2012, have entered the United States before your sixteenth birthday, have lived in the country since June 15, 2007 up to the present time, and not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors. Additionally, you must be currently enrolled in school, have graduated from high school, obtained a general education development (GED) certificate, or have served in the military.