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.
ADJUSTMENT OF
STATUS
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).
CANCELLATION
OF REMOVAL FOR LAWFUL PERMANENT RESIDENTS
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.
CANCELLATION
OF REMOVAL FOR NON-PERMANENT RESIDENTS (NON-GREEN
CARD HOLDERS)
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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