Forms of Relief from Removal Proceedings
Under the Immigration and Nationality Act, a person who is deportable can be eligible for certain relief which would help them stay in this country. The following are certain reliefs that a person can be eligible for if they meet the requirements.
AsylumPeople who have been apprehended in this country are eligible for Asylum Relief if they fit the requirements needed. If your Asylum application is approved you are allowed to stay in this country indefinitely and can apply for a work authorization card. Not all immigrants are eligible for Asylum benefits. To be eligible for Asylum you must meet two strict requirements: First you must prove that you are unable or unwilling to return to your home country because you have been persecuted there or have a well-founded fear that you will be persecuted if you go back. The second criteria you must establish is the reason you have been or will be persecuted is connected to one of five categories: 1.Race 2.Religion 3.Nationality 4.Membership in a particular social group or 5.Political Opinion
Cancellation of Removal for Permanent ResidentsCancellation of Removal is a remedy that may be eligible for people who are here legally and illegally. There are two forms of Cancellation of Removal, one is for people with no legal status in this country and the other is for people who are Permanent Residents. Under the regulation in INA 240A(a), a person who is a Permanent Resident is eligible for Cancellation of Removal if they satisfy the following criteria: 1. Has been a Permanent Resident for at least five years; 2. Has resided in the United States for at least seven years in any status; 3. Has not been convicted of an aggravated felony.
Cancellation of Removal for Non-Permanent ResidentsFor people who are not Permanent Residents, they can still apply for Cancellation of Removal if they meet the following criteria: 1. Has continuously resided in the United States for at least ten years; 2. Has been a person of good moral character throughout this time; 3. Is not otherwise subject to criminal bars arising from a conviction of any crime outlined in INA 212(a)(2), 237(a)(2), or 237(a)(3); and 4. Establishes that removal would result in "exceptional and extremely unusual hardship" to the alien's spouse, parent, or child who is a United States citizen or legal permanent resident.