Removal proceedings are used to determine whether a non-U.S. citizen, or “alien,” should be deported, that is, expelled from the U.S.
The deportation and removal process is complicated and there are many steps to follow. If you are in removal process right now, or might be subject to removal in the future, you should be aware of some things about how the removal process works.
Several types of relief from removal are available that will allow you to stay in the U.S. The most popular processes are:
Cancellation of Removal – Your removal is cancelled or stopped by the IJ. The availability of this relief is different for a lawful permanent resident (LPR), such as an alien with a “green card”, than for a non-lawful permanent resident (non-LPR), such as an undocumented alien.
If you are an LPR, you are eligible if:
If you are a non-LPR, you are eligible if:
Adjustment of status
– When an alien changes his or her status from non-immigrant to lawful permanent resident. Several conditions must be met to qualify for this relief, including:
You are NOT eligible for adjustment of status if
Asylum can be granted to an alien who qualifies as a “refugee.” Generally, you have to show an inability to return to your native country because of past persecution or a well-founded fear of future persecution based upon your race, religion, nationality, membership in a particular social group or political opinion.
However, you are usually not eligible for asylum if you did not file an asylum application within the first year after you entered the U.S., you have been convicted of an aggravated felony or DHS considers you to be a danger to national security.
There are other types of relief that might be available to you if you’ve been ordered deported. So, it is critical that you examine the INA completely, or seek the advice of an experienced immigration law attorney so that you know all of your options.
Deportation and removal cases are very fact specific. A consultation with a deportation lawyer will be necessary to verify your eligibility and develop a winning strategy to avoid any problems which could develop with your case.
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