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Relief from Deportation Proceedings

If you are currently in deportation or removal proceedings, there may be sources of relief available for you. You may be eligible to benefit from adjustment of status, asylum, or cancellation of removal. If you are eligible for any of these sources of relief, the Immigration Judge will hear your case, assess the facts in the case and the hardship to the American citizen, and make a final decision.

Even if the Immigration Judge orders you deported, you can still appeal the Immigration Judge’s order and stay in the United States until a decision is made by the Board of Immigration Appeals (BIA).

Immigration laws are complex and extremely technical.

Make sure to contact an experienced Immigration lawyer in regards to your case to determine whether you may be eligible for a waiver or any other source of relief.


If you are married to an American citizen, you may benefit from Adjustment of Status while you are in removal proceedings in Immigration Court.

The application process of the adjustment of status is different to that where the individual is not in removal/deportation proceedings.

Instead of the applicant attending an adjustment interview in front of an USCIS adjudication officer, the applicant does so in court. The interview is conducted by the Immigration Judge during the applicant’s individual hearing (final trial).

A decision on the merits of the marriage to the American citizen is made by the Immigration Judge. The Immigration Judge then decides whether to terminate the deportation proceedings and grant the applicant lawful permanent resident status (green card).


If you are a lawful permanent resident (green card holder) and have been so for 5 years or longer, have lived in the United States continuously for 7 years after having been admitted in any status, and have never been convicted of an aggravated felony, you may qualify for Cancellation of Removal of deportation. See an experienced Immigration attorney to find out whether Cancellation of Removal may protect you from deportation.


Even though you are not a lawful permanent resident (green card holder), you may still seek cancellation of removal as a source of relief from deportation proceedings as long as you:

  • have been physically present in the United States for a continuous period of not less than 10 years immediately before the date of applying for adjustment of status or of removal notice;
  • have been a person of good moral character during such period;
  • have not been convicted of a criminal offense under other sections of the Immigration and Nationality Act; and
  • can establish that removal would result in exceptional and extremely unusual hardship to your spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

There are also special rules for battered spouses and children of battered spouses.

Do NOT take on the government by yourself. You MUST obtain legal representation from an experienced Immigration lawyer.



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The information provided on this site is intended to teach individuals and corporations their rights and protect them from fraud. It is not a substitute for professional advice from an experienced immigration attorney and should not be taken as legal advice. Please consult a lawyer for advice regarding your specific situation.

Our FRAUD ALERT section contains important information to be aware of before seeking assistance.

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