Relief from Removal

In the Immigration Court arena, the determination of removability is only the initial stage of your proceedings. For the person facing removal from the United States, the more pressing question is, "Can I stay in the United States?" That is the non-legal way of asking if you qualify for relief from removal. The more straightforward forms of relief include political asylum, withholding of removal, torture convention protection, cancellation of removal for permanent residents or non-permanent residents, and adjustment of status. Voluntary departure is the relief of last resort when you don't qualify for anything else and have been in the US for more than one year.

Some forms of relief such as suspension of deportation and 212(c) relief are no longer found in the current immigration laws, but still exist due to statutory interpretation or federal court decisions - and your ability to qualify for these older forms of relief depends upon the nature of your proceedings (e.g. deportation vs. removal). Certain individuals may qualify for waivers in the context of removal proceedings as a form of relief. A myriad of possibilities exist with respect to relief, and developing a well-reasoned argument in favor of qualifying for relief or a complete evidentiary record in support of the relief is critical to obtaining and/or maintaining lawful status in the US.

Forms of Relief

Cancellation of Removal

Asylum, Withholding of Removal and Relief Under the Convention Against Torture

Adjustment of Status

Voluntary Departure