Removal Proceeding
Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. After April 1, 1997, aliens in
and admitted to the U.S. may be subject to removal based on deportability. A person may be eligible for several forms of relief before
the courts: Cancellation of removal for both permanent and Non-permanent residents, Asylum and withholding of removal, Protection
under CAT, Waiver of removability or inadmissibility, Prosecutorial Discretion, Voluntary Departure, DACA, etc.
I. Cancellation of Removal
• For LPR
• You must have been a green card holder for 5 years;
• Prior to receiving a Notice to Appear before the Immigration Judge, you have to have continuously resided in the U.S. for the past 7 years;
• You must not have an aggravated felony;
• You must not previously have received this waiver or similar from a judge or the BIA
• For non- LPR
• You must have a qualifying relative, be it a parent, spouse or child who is a citizen or green card holder and show proofs;
• Prior to receiving a Notice to Appear before the Immigration Judge, you have to have continuously resided in the U.S. for the past 10 years;
• You must have good moral character;
• You must not previously have received this waiver or similar from a judge or the BIA.
II. Asylum
A person physically present or arriving in the U.S., who expresses a fear of persecution on account of race, religion, nationality or membership in a particular
social group and/or political opinion is eligible to apply for a discretionary grant of asylum and eventually to adjust his/her status as a lawful permanent
resident regardless of country of origin or current immigration status.
III. Withholding of Removal
Withholding of removal is a status which is similar to asylum, but not as secure. People with “withholding” have the right to remain in the U.S. and work
legally. However, they do not have the right to apply for legal permanent residence. People with “withholding” have a final order of removal (deportation)
against them, so if they ever travel outside the U.S., they will not be permitted to return here.
IV. Protection under Convention Against Torture (CAT)
Foreign nationals who fear that they would be tortured either directly by their government or with the acquiescence of their government if returned to their
country of origin may qualify for relief under the CAT treaty permitting them to remain in the United States. To qualify under CAT, you do not have to show
that the abuse you will suffer is “on account of” one of the five protected characteristics (race, religion, nationality, membership in a particular social group, or
political opinion.) If an applicant meets the high standard for relief, she or he must be granted relief, even if she or he has been convicted of very serious crimes
(including aggravated felonies) in the United States. There is no one year filing deadline for CAT relief.
V. Waivers of removability or inadmissibility
If alien is able to establish that his removal from Unites States will result in hardship to himself or to his close family members, he may be eligible for a waiver.
VI. Prosecutorial Discretion
In the immigration context, DHS officers have the authority to favorably exercise prosecutorial discretion at all stages of any enforcement process. Examples
include a grant of deferred action; a stay of removal; or o decision not to issue a Notice to Appear (NTA). The benefit is that you will not be deported and your
immigration court case might be closed temporarily or permanently.
VII. Voluntary Departure
This relief is the departure of an alien from the United States without an order of removal. The departure may or may not have been preceded by a hearing
before an immigration judge. Failure to depart within the time granted results in a fine and a ten-year bar to several forms of relief from deportation.
VIII. Deferred Action for Childhood Arrivals (DACA)
• Aliens must have come to the U.S. under the age of 16;
• Aliens must continuously resided in the U.S. for at least 5 years preceding the date of June 15, 2012 and are present in the U.S. on the date of June 15, 2012;
• Aliens must currently be in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged
veterans of the Coast Guard or Armed Forces of the U.S.;
• Aliens must not have been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to
national security or public safety;
• Aliens must not be above the age of 30.