For those foreign nationals who have been placed in removal proceedings in Immigration Court, it is essential that they minimally consult with an experienced immigration attorney to determine what relief, if any, that the foreign national may be eligible for.
Whether or not a foreign national may qualify for a certain type of relief is dependent on a variety of factors such as the ground of deportability the foreign national is being charged with on the Notice to Appear (NTA), the foreign national’s length of residence in the United States, the foreign national’s family ties to the U.S. including U.S. citizen or Lawful Permanent Resident immediate family members, etc. (Overview of Immigration Process)
Some of the common forms of relief include cancellation of removal for permanent residents or non-permanent residents, adjustment of status, asylum/convention against torture/withholding of removal, and in some cases, even naturalization. As a last resort, if the foreign national is not eligible for any relief, voluntary departure is an option when the foreign national has been in the U.S. for more than one year.
Some forms of relief such as suspension of deportation and INA 212(c) relief are no longer found in the current immigration laws, but still exist due to statutory interpretation or federal court decisions – and the foreign national’s ability to qualify for these older forms of relief depends upon the nature of their proceedings (e.g. deportation vs. removal).
Additionally, certain individuals may qualify for waivers in the context of removal proceedings as a form of relief.
As briefly described above, a myriad of possibilities exist with respect to relief, and understanding and developing a well-reasoned argument in favor of qualifying for relief is critical to obtaining and/or maintaining lawful status in the United States.
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