Facing Removal? Here’s What You Should Know
If you’re in removal proceedings, you’re likely worried about what comes next. The good news is that you may qualify for relief that allows you to stay in the U.S. legally. In this article, we explain the most common types of relief available, who qualifies, how to apply, and where to find reliable information.
1. Asylum
Asylum is for individuals who fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group.
Eligibility: Must apply within one year of arriving in the U.S., unless eligible for an exception. You must show a well-founded fear of persecution.
Benefits: May apply for a green card one year after asylum is granted. Also allows for work authorization and family reunification.
2. Withholding of Removal
Withholding of removal prevents deportation to a country where your life or freedom would be threatened based on the same protected grounds as asylum. It has a higher standard of proof.
Eligibility: Must show it is more likely than not you would face persecution.
Limitations: Does not provide permanent residence or allow you to bring family. You can remain in the U.S. and work legally while under protection.
3. Convention Against Torture (CAT) Protection
CAT protects individuals from being returned to a country where they are likely to face torture by, or with the consent of, public officials.
Eligibility: Must prove you would more likely than not be tortured if returned.
Types of CAT:
- Withholding under CAT: Offers stronger protection, but may be barred by certain crimes.
- Deferral under CAT: For those barred from withholding; offers protection but is easier to revoke.
4. Cancellation of Removal
This allows certain individuals to avoid removal and obtain lawful permanent residence (green card).
- For Lawful Permanent Residents (EOIR-42A): Must have at least 5 years as a green card holder, 7 years of continuous residence, and no aggravated felony convictions.
- For Non-Permanent Residents (EOIR-42B): Must have 10 years in the U.S., good moral character, and prove “exceptional and extremely unusual hardship” to a U.S. citizen or LPR family member.
Benefits: If granted, you remain a lawful permanent resident (EOIR-42A) or become a lawful permanent resident (EOIR-42B).
5. Adjustment of Status
If you are eligible for a green card through a family member or employer, you may apply to adjust your status while in proceedings.
Eligibility: Requires an approved immigrant petition and admissibility. A waiver may be needed for prior immigration violations.
Process: If the court does not close your case to allow USCIS to process the application, the court can hear your application and decide whether to grant it or not.
6. NACARA
NACARA provides special relief to certain individuals from Nicaragua, Cuba, El Salvador, Guatemala, and former Eastern Bloc countries who applied for protection during the 1980s and 1990s.
Eligibility: Depends on nationality and specific filing deadlines. Requires Form I-881.
Benefits: May lead to permanent residency.
7. T Visa for Victims of Trafficking
Offers immigration protection to survivors of severe human trafficking who assist law enforcement in investigations.
Eligibility: Must prove victimization and cooperation with authorities. File Form I-914 with USCIS.
Benefits: Grants lawful status, work authorization, and a path to a green card after three years. Court proceedings may be paused during the application review.
Important Deadlines
After the judge says you’re removable, they’ll give you specific deadlines to file your application and evidence. Missing those deadlines could mean losing your chance at relief.
What Happens If You’re Granted Relief?
You’ll get post-order instructions to complete processing with USCIS. You may need to apply for a green card or work permit, depending on your case. Follow all instructions carefully to avoid delays.
Choosing the Right Strategy
Every removal case is different. The type of relief you pursue depends on your personal history, immigration background, family ties, and legal eligibility. It’s important to consider not only what relief options are available, but also how pursuing them will affect your future in the U.S.
Key considerations include:
- Eligibility: Not all relief options are available to every person. For example, cancellation of removal for non-permanent residents requires 10 years of physical presence and proof of hardship to a U.S. citizen or LPR relative.
- Evidence requirements: Most forms of relief require documentation, such as identity papers, proof of residence, and personal declarations. Missing evidence can weaken your case.
- Timing: Some applications must be filed quickly, like asylum (within one year of entry, unless an exception applies). Deadlines set by the court are also critical.
- Consequences: Some strategies, such as requesting voluntary departure and failing to leave, may bar you from re-entering the U.S. for years and waive your right to appeal.
- Multiple options: In some cases, it’s possible to apply for more than one form of relief (e.g., asylum and cancellation). An experienced attorney can help assess the best combination of strategies.
Deciding on the right strategy requires legal knowledge and experience. A qualified immigration attorney can evaluate your situation, explain the risks and benefits, and help you build the strongest case possible.
Schedule a Consultation with an Immigration Lawyer
Citations
- USCIS – Form I-589
- USCIS – Form I-881
- EOIR Immigration Court Practice Manual
- USCIS – T Visa
- USCIS – EOIR Immigration Benefits
We Can Help!
If you have questions regarding Relief Applications, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
SIANA J.MCLEAN is a Partner at Richards and Jurusik, who practices immigration law with a focus on asylum, removal defense, and immigration court matters. She has extensive experience representing clients before U.S. Immigration Courts and the Board of Immigration Appeals. (Full Bio)
