If you're in removal proceedings or worried you might be, several forms of relief can stop a deportation or let you stay in the US legally. This screener checks your time in the US, family ties, and any fear of returning home against the most common relief options, so you know what to raise in immigration court.
Relief from removal has strict deadlines and evidence requirements. The sooner an attorney reviews your case, the more options stay open. Reach out now for a free, confidential consultation.
Being placed in removal proceedings doesn't automatically mean deportation. Immigration judges can grant several forms of relief that allow someone to stay in the US legally, depending on their specific facts. The most common include cancellation of removal, asylum, withholding of removal, protection under the Convention Against Torture, and adjustment of status if a qualifying pathway is available. Each has its own eligibility requirements, evidence standards, and deadlines.
If you already hold or might qualify for a different status outside of court, like through a family relationship, our visa eligibility screener can help identify it, since some applicants in proceedings can still pursue adjustment of status as a form of relief.
Cancellation of removal comes in 2 forms. For green card holders, it requires at least 5 years as a lawful permanent resident, 7 years of continuous residence in the US in any status, and no aggravated felony conviction. For non-permanent residents, it requires 10 years of continuous physical presence, good moral character, no disqualifying convictions, and proof that removal would cause exceptional and extremely unusual hardship to a qualifying US citizen or green card holder spouse, parent, or child.
Asylum is available to people who fear persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group, and generally must be filed within 1 year of arrival in the US, with limited exceptions. Withholding of removal has a higher proof standard but no 1-year deadline, while Convention Against Torture protection focuses specifically on torture risk and doesn't require a protected-ground connection like asylum does. These 3 forms of relief are often raised together since they share overlapping facts but different legal standards.
Depending on the situation, other options can include U visa status for crime victims who assisted law enforcement, T visa status for trafficking survivors, VAWA self-petitions for survivors of abuse by a US citizen or green card holder family member, voluntary departure to avoid a formal removal order on the record, and prosecutorial discretion requests asking ICE not to pursue removal in lower-priority cases.