Asylum is a form of discretionary relief available in removal proceedings to immigrants who are unable or unwilling to return to their country due to past persecution or a well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. Asylum is available as a form of relief regardless of the manner of the immigrant’s original entry, applying even to those who crossed the border or entered without inspection (“EWI”).
Cancellation of Removal For Lawful Permanent Residents (“LPRs”)
LPR Cancellation of Removal is a form of discretionary relief available in removal proceedings to Green card holders who have never been convicted of an aggravated felony and who have held permanent resident status for at least five years and have established continuous residence in the United States for at least seven years after having been lawfully admitted (prior to issuance of the notice to appear).
Cancellation of Removal For Non-LPRs
Non-LPR Cancellation of Removal is a discretionary form of relief available in removal proceedings to immigrants if they can establish continuous residence in the United States for at least 10 years (prior to issuance of the notice to appear); Good moral character; No aggravated felony nor any other conviction for a removable offense; and a showing to the Immigration Judge that removal would result in “exceptional and extremely unusual hardship” to the immigrant’s U.S. citizen or permanent resident spouse, parent, or child.
Some other forms of relief include:
- Convention Against Torture (“CAT”) Relief
- Nicaraguan Adjustment and Central American Relief Act (“NACARA”)
- T Visa and U Visa Relief
- Violence Against Women Act (“VAWA”) Adjustment of Status
- VAWA Cancellation of Removal
- Voluntary Departure
- Withholding of Removal
Our Fairfax deportation lawyers are committed to the dreams of our clients. It is our objective to help you through each stage of the deportation or removal defense process, and use every possible avenue of approach to aid you and your family.