Deportation Issues
If you have received a notice to appear in court for a Master Calendar Hearing, or a Removal or Deportation Hearing, then we may be able to assist you in remedying your situation.
Types of Discretionary Relief from Removal
Cancellation of Removal
You may be eligible for this form of relief if you are a legal permanent or non-permanet resident. If you are a lawful permanent resident, you must meet the following qualifications:
- You have been a legal permanet resident for five or more years;
- You have continually maintained residence in the U.S. for seven or more years after gaining lawful entry; and
- You have not been convicted of an "aggravated felony";
If you are a lawful non-permanent resident, you may be eligible for cancellation of removal under the following conditions:
- You have been continuously present in the U.S. for ten or more years;
- You have maintained a good moral character during your time in the U.S.;
- You have never been convicted of an offense that would result in causing you to be removable; and
- Extreme or unusual hardship to your child, parent or spouse would be resultant of your removal. The affected immediate family member(s) must be U.S. citizens or permanet legal residents.
Asylum
Under section 208(a) of the Immigration and Nationality Act, the Attorney General may, in his discretion, grant asylum to an alien who qualifies as a “refugee.” Generally, this requires that the asylum applicant demonstrate an inability to return to his or her home country because of past persecution or a well-founded fear of future persecution based upon his or her race, religion, nationality, membership in a particular social group, or political opinion.
Adjustment of Status
This form of discretionary relief is available to change an alien’s status from a non-immigrant to a lawful permanent resident. Aliens who have been previously admitted into the United States can apply to DHS for adjustment of status, while aliens in removal proceedings apply before an Immigration Judge. Several conditions must be met, including that the alien is admissible for permanent residence and an immigrant visa is immediately available at the time of application. Aliens who qualify for visas allowing an adjustment of status are often petitioned for by a spouse (or another family member) or an employer. Certain individuals, including criminals and aliens who fail to appear for proceedings or fail to depart after a grant of voluntary departure, and those who were ordered removed may be ineligible for adjustment of status.
