Jordan Mitchell

Relief from Removal Proceedings: Options and Considerations

Relief from removal proceedings offers various pathways for individuals to remain in the United States rather than face deportation. This guide outlines several options, their requirements, and key considerations.

1. Voluntary Departure

Pros:
• Avoids certain periods of inadmissibility
• No criminal penalty for unlawful reentry

Cons:
• Must leave the United States
• Waives right to appeal
• Must pay own expenses and bond

2. Cancellation of Removal

For Permanent Residents:
• LPR for at least 5 years
• Continuous U.S. residence for 7 years after lawful admission
• No aggravated felony convictions

For Non-Permanent Residents:
• 10 years continuous physical presence in the U.S.
• Good moral character
• No certain removable offense convictions
• Proof of exceptional hardship to U.S. citizen/LPR family member

Under Violence Against Women Act (VAWA):
• 3 years continuous physical presence in the U.S.
• Good moral character
• No certain offense convictions
• Proof of extreme hardship

3. Adjustment of Status

Requirements:
• Immediate relative who is U.S. citizen/LPR
• Lawful entry (with some exceptions)
• Admissibility for permanent residence

4. Administrative Appeal

• Appeal to Board of Immigration Appeals (BIA) within 30 days of decision

5. Asylum

Eligibility:
• Fear of persecution based on protected grounds
• Application generally within 1 year of U.S. entry
• No certain criminal convictions

6. Motions to Reopen or Reconsider

• Motion to Reopen: New evidence (file within 90 days of removal order)
• Motion to Reconsider: Legal/factual errors (file within 30 days of removal order)

7. Stay of Removal

• Automatic in certain appeal situations
• Temporary stay possible with pending BIA appeal/motion

Key Considerations:
• Each option has specific eligibility requirements
• Some forms of relief are discretionary
• Time limits often apply for filing
• Consult with an immigration attorney for personalized advice

Resources:
• USCIS - Adjustment of Status: https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status
• DOJ - Board of Immigration Appeals: https://www.justice.gov/eoir/board-of-immigration-appeals

Disclaimer:

The information presented in this article is intended for academic and marketing purposes only and should not be construed as legal advice. It is essential to consult with a qualified immigration attorney or legal professional for accurate and up-to-date legal counsel specific to your individual circumstances. Laws and regulations are subject to change, and professional guidance is crucial to ensure compliance.

OpenSphere is a technology company and does not hold itself out as a law firm. It operates independently and is not affiliated with or endorsed by the U.S. Citizenship and Immigration Services (USCIS) or any government entity. OpenSphere, its authors, and agents do not warrant the accuracy or real-world applicability of the information herein, nor are they liable for any damages arising from reliance on this information.