Removal, often called deportation, involves legally expelling a non-citizen from the United States. Individuals may face removal proceedings for violating immigration laws or committing certain crimes. Relief from removal provides eligible individuals with legal avenues to remain in the U.S. by halting or canceling the deportation process.
1. Asylum
Asylum offers protection to individuals who fled persecution in their home countries because of their race, religion, nationality, or political opinion. Applicants must prove that they have a credible fear of persecution if they return to their home country. If successful, they may eventually apply for permanent residency.
2. Cancellation of Removal
Cancellation of removal applies to certain non-citizens who show that their removal would cause exceptional hardship to a U.S. citizen or lawful permanent resident family member. Eligibility criteria include continuous physical presence in the U.S. for a specific period and evidence of good moral character.
3. Adjustment of status
Eligible individuals can apply for adjustment of status to become lawful permanent residents. This form of relief is available to those with an approved immigrant petition through a family member or employer. Applicants must meet all eligibility requirements, including lawful entry into the U.S. and an available visa number.
4. Temporary Protected Status (TPS)
TPS temporarily relieves individuals from countries experiencing ongoing armed conflict, environmental disasters or other extraordinary conditions. TPS holders can live and work in the U.S. for designated periods. While TPS does not directly lead to permanent residency, it offers protection from removal.
5. Voluntary departure
Voluntary departure allows individuals to leave the U.S. voluntarily within a specified period instead of facing formal removal proceedings. This option may help individuals avoid specific penalties associated with deportation, such as bars to reentry. However, those choosing voluntary departure must depart the U.S. within the agreed time.
Are you eligible for any relief from removal?
Understanding these common forms of relief from removal can help individuals facing deportation explore their options to legally remain in the United States. If you or someone you know is facing deportation or removal, you may want to seek help from a legal professional who can check eligibility and provide guidance on pursuing the most appropriate relief based on the circumstances.