The Relief from Removal Process

The Relief from Removal process can take one of the following paths:

• ​Voluntary Departure: Someone who has been found to be removable is permitted to leave the country at his/her own expense by a specified date, but without the stigma of a deportation.
• Cancellation of Removal: In this case, the judge simply stops the removal process.
  • ​If you are a Lawful Permanent Residents (LPR), then you are eligible for Cancellation of Removal if you meet the following criteria:
    • ​You have lived in the U.S. continuously for seven years since entering the country.
    • You have been an LPR for at least five years
    • You have never been convicted of an aggravated felony, are not a terrorist, crewman or exchange visitor
    • You have never before been granted Cancellation of Removal.
  • ​If you are not an LPR (i.e. you are an undocumented alien), you must meet the following criteria to be eligible for Cancellation of Removal:
    • ​You have lived in the U.S. continuously for ten years.
    • You were never served with an NTA during that period and have never been convicted of an aggravated felony.
    • You were a “person of “good moral character” during that period
    • You can show that your being deported would cause extreme hardship for your spouse, parent or child and that that person is either a U.S. citizen or LPR.
• ​Adjustment of Status: This involves changing your status from non-lawful to lawful permanent resident. The following conditions apply:
  • ​You qualify as “admissible” for permanent residence, as defined by the INA. This means you are free of communicable diseases, have no aggravated felonies on your record and do not pose a terrorist or espionage threat.
  • You must immediately qualify for an immigrant visa. This usually means that an immediate family member who is a citizen or LPR, or your employer, has filed a petition for your visa, and the visa is immediately available, as opposed to having to wait for it to become available.
  • You did not enter the U.S. illegally
  • You did not violate any restrictions on your temporary visa, if you had one.
• ​Asylum: An alien who qualifies as a refugee can apply for asylum. To do this, you must meet the following conditions:
  • ​You show that you have suffered persecution in the past in your home country, or that you have a well-founded fear of persecution if you return.
  • You file your asylum application within one year of arriving in the U.S. and have not been convicted of a crime.
  • The Department of Homeland Security does not consider you a danger to national security.
• ​Other options for appealing include filing a Motion to Reopen or Reconsider, requesting a Stay of Removal, filing for an administrative appeal, or filing a judicial appeal for review by a Federal court.

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Conclusion

Individuals facing deportation proceedings should consult with a legal professional to ensure that their rights are properly and professionally protected. Law Offices of Michael H. Markovitch has successfully handled a wide range of deportation cases. Our office represents a range of immigration law matters including family-based and employment-based immigration, as well as citizenship and naturalization proceedings. If you have any questions or comments, please feel free to email Michael H. Markovitch, Esq. at: Michael@mmlawnyc.com. You can also visit us at: www.immigrationlawyernewyork.com.