If you have been placed in removal (deportation) proceedings, the Department of Homeland Security is trying to deport you from the United States. There are many reasons why you can be referred to the Immigration Court for removal proceedings, including if you overstayed your visa, were recently arrested, have a criminal conviction, were incorrectly issued your green card, were caught attempting the enter the United States without proper documentation, and more. In certain instances, you may be subject to detention.
If you are in removal proceedings, you have the right to fight your deportation by filing an application for relief with the Immigration Court. If your application is granted by the Immigration Judge, you will be permitted to remain in the United States.
Some of the options for relief that may be available to you depending on your circumstances include the following:
Adjustment of Status:
You may be eligible to pursue your green card (adjust your status) application before the Immigration Court depending on your specific circumstances. A waiver of inadmissibility can be filed with the Immigration Court in conjunction with your adjustment of status application if you are inadmissible to the United States for fraud / willful misrepresentation of a material fact or certain criminal convictions and you have a qualifying relative who will suffer extreme hardship in the event of your deportation.
Removal of Conditions:
If you were previously granted Conditional Resident Status, and your I-751 petition was never filed or denied by USCIS, you may be eligible to file a late I-751 petition with USCIS, or have the Immigration Judge review your denied I-751 petition.
Widow(er)s:
If you were married to a U.S. citizen at the time of the citizen’s death, you may be eligible for a green card even if your spouse did not file a I-130 Petition for Alien Relative on your behalf if you meet the specific eligibility requirements.
Victims of Abuse:
You may self-petition for a Green Card, if you are the victim of battery or extreme cruelty committed against you by a U.S. citizen / Permanent Resident spouse or former spouse, a U.S. citizen / Permanent Resident parent, or a U.S. citizen son or daughter.
Victims of Crimes:
You may be eligible for U nonimmigrant status (U visa) if you have been a victim of certain crimes, have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.
Victims of Trafficking:
You may be eligible for T nonimmigrant status (T visa) if you have been a victim of a severe form of human trafficking (sex trafficking and/or labor trafficking) and have assisted law enforcement in an investigation or prosecution of human trafficking.
Cancellation of Removal (Lawful Permanent Resident):
If are a green card holder who has been placed in removal proceedings due to certain criminal convictions, you may be eligible to file an application for cancellation of removal before the Immigration Court. If your application is granted, you will be permitted to keep your green card. As a green card holder, you may be eligible for cancellation of removal if you have resided in the United States in any status for at least seven years prior to the commission of certain crimes or issuance of the Notice to Appear placing you in removal proceedings, had a green card for at least five years, and have never been convicted of an aggravated felony.
Cancellation of Removal (Non–Lawful Permanent Resident):
You may be eligible for non-LPR cancellation if you have been continuously residing in the United States for at least 10 years prior to the issuance of the Notice to Appear placing you in removal proceedings, you have been a person of good moral character, you have not been convicted of certain criminal offenses, and to deport you would cause exceptional and extremely unusual hardship to your LPR or U.S. citizen spouse, child, or parent. If you are granted non-LPR cancellation of removal, you will receive a green card.
212(c) waiver:
If you are a green card holder with a lawful domicile in the United States for at least seven years and you have certain criminal convictions, including aggravated felonies, before April 1, 1997, you may be eligible for a 212(c) waiver. For convictions entered between November 30, 1990 to September 30, 1996, you cannot have served more than 5 years imprisonment for one or more aggravated felony offenses.
237(a)(1)(H) waiver:
If you were wrongfully granted a green card due to a misrepresentation, you may be eligible for a 237(a)(1)(H) waiver of deportability. To qualify, you must be placed in removal proceedings for being inadmissible at time of admission due to fraud, not have any other inadmissibility or deportability issues apart from those stemming from the fraud, and have certain qualifying family members (unless you are a VAWA self-petitioner).
Asylum / CAT / Withholding of Removal:
You may be eligible to file for asylum if you have undergone persecution in your home country, or you have a well-founded fear of being persecuted if you return to your home country in the future. You must file for asylum within one year of entry or admission to the United States unless changed circumstances or extraordinary circumstances exist. However, you may still be eligible to file for Withholding of Removal or relief under the Convention Against Torture even if you do not meet the eligibility requirements for asylum.
Bond:
If you are detained by Immigration and Customs Enforcement while in removal proceedings, you may be eligible for bond if you prove to the Immigration Judge that you are not a danger to the community, you are not a flight risk and that you are eligible for relief from removal. If you have certain criminal convictions or have been already deported in the past, you may not be eligible for bond.
Being placed in removal (deportation) proceedings and having to appear in Immigration Court can be a terrifying experience. It is important that you hire a competent and experienced Immigration Attorney who will advocate for you to be able to remain in the United States.
If you have been placed in removal proceedings, contact us to schedule a consultation to discuss the options available to you.
