Relief From Removal

Adjustment of Status

A noncitizen in removal proceedings may apply for Adjustment of Status as an application of relief from removal. Adjustment of status is a means to gaining Legal Permanent Resident status (LPR) or that of a “Green Card” holder.

A U.S. citizen’s spouse, parent and child under the age of 21 are eligible to apply for adjustment of status if they entered the U.S. legally. Under certain circumstances, a noncitizen with nonimmigrant status may adjust to LPR status without having to leave the U.S. and return with an immigrant visa. Certain noncitizens without legal status may also adjust if they had a preference petition or labor certification application filed on their behalf as of April 30, 2001. Non-citizens with LPR status may also apply for adjustment of status as relief in removal proceedings. Otherwise eligible noncitizens are barred from adjustment if they are inadmissible, including those who are inadmissible on criminal grounds. However, they may apply for a waiver of inadmissibility.

Requirements

  1. Foreign national must be a beneficiary of an approved immigrant petition under a category a visa number is immediately available in or shall be available soon.
  2. Must file an I-485 application and receive approval.
  3. Must be supported by a sponsor in the US
  4. Immigration Medical Examination conducted by a USCIS Designated Civil Surgeon

 

 

Relief from Removal

Asylum

Any foreign national who has a legitimate fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion, and is therefore unable or unwilling to return to his or her country of nationality is eligible to file for asylum.

Although foreign nationals can apply for asylum as an affirmative application, respondents in removal proceedings can also apply for asylum if they meet the criteria established for granting the relief of asylum.

Asylum applicants who have been convicted of a particularly serious crime (“including an aggravated felony or an offense designated by the Attorney General as “particularly serious”) are ineligible for asylum.

Also ineligible for asylum are those who

  • have been involved in terrorist activities,
  • constitute a danger to national security, or
  • have engaged in persecution of any person on account of race, religion, nationality, political opinion or membership in a particular social group.

Requirements

  • Asylum must be applied for within one-year after the arrival in the U.S., except for “changed circumstances” or “extraordinary circumstances” directly related to the delay in filing asylum application.
  • Must present objective evidence of well-founded fear of persecution

Cancellation of Removal for Certain Lawful Permanent Residents

Legal Permanent Residents may also be put in removal proceedings if they commit deportable crimes. Cancellation of Removal is a relief from removal that a court can grant after balancing the positive and negative factors relating to a deportable noncitizen.

Requirements

(1) Has been a Lawful Permanent Resident for 5 years

(2) Resided continuously in the U.S. for 7 years after having been admitted in any status and;

(3) Has not been convicted of an aggravated felony.

Continuous residence is cutoff upon commission of the deportable crime or the issuance of Notice to Appear – the document that starts the removal proceedings of a noncitizen.

Cancellation of Removal and Adjustment of Status for Certain Non-Lawful Permanent Residents

Noncitizens who are not Legal Permanent Residents can also apply for Cancellation of Removal. If they are granted relief from removal, their status would be adjusted to Legal Permanent Resident and removal proceedings would come to an end.

Cancellation of Removal for Certain Non-Permanent Residents can only be filed for individuals who are currently in removal proceedings.

Requirements

A noncitizen may be able to apply for Cancellation of Removal if he or she (1) has been physically present in the U.S. for a continuous period of at least 10 years immediately preceding the date of such application,

(2) has been a person of good moral character for 10 years

(3) has not been convicted of “aggravated felony” or crimes making a noncitizen inadmissible or deportable,

(4) establishes that removal would result in exceptional and extremely unusual hardship to U.S. citizen or Legal Permanent Resident spouse, parent or child.

Continuous residence is cutoff upon commission of the deportable crime or the issuance of Notice to Appear – the document that starts the removal proceedings of a noncitizen.

Our Role in Your Success

People often find themselves facing deportation due to a small mistake or momentary lapse in judgment. Families are torn apart and individuals are separated from their loved ones. We do not believe that every single person that is placed in removal proceedings deserves the harsh punishment of permanent deportation from the US. That is why finding creative solutions to removal has become one of our law firm’s distinguishing features. Zaidi Law Firm P.C. will aggressively challenge the removability grounds in your case. We will help you gather all the relevant evidence needed to structure and build a strong deportation defense case. We will prepare you for your hearing in court if needed. Whatever your particular situation may be, whether we need to apply for a waiver of inadmissibility, an adjustment of status, or asylum, we will systematically fight for your right to remain in the United States.