Immigrants & Immigration
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To prevent being deported, a non-citizen must show they are not legally required to be deported. They can also show they are eligible for another benefit or form of relief. Generally, it’s up to the non-citizen to show the Immigration Judge (IJ) in court why they should not be deported. They have to give the judge written evidence and speak in court. Getting relief in immigration court is complicated and difficult. A non-citizen has a stronger chance of winning if they have an immigration lawyer.
What is Cancellation of Removal?
Cancellation of removal is a type of relief that may be available to some people in deportation cases. It is open to both lawful permanent residents (LPRs or green card holders) and people who do not have green cards, but the rules are different for each group.
In general, a person must show that deportation would cause extreme hardship to a spouse, child, or parent who is a US citizen or green card holder. They must also show that they have good moral character and have lived in the United States for a certain number of years.
It is hard to qualify for cancellation of removal, and only 4,000 people are approved each year.
Are there special forms of relief for survivors of crimes or violence?
Yes. If a non-citizen has been abused by their US citizen or LPR spouse, parent, or son or daughter, they may qualify for a special type of relief under the Violence Against Women Act (VAWA). A person does not need to be a woman to apply for this relief. Learn more about the requirements on our VAWA Cancellation of Removal page.
If a non-citizen has been the victim of certain crimes and helped police or prosecutors, they may qualify for a U visa. If approved, a U visa lets the person stay in the US for several years and gives permission to work. It can also lead to a green card.
The U visa can forgive many problems, such as entering the country without papers or having some criminal convictions. To qualify, a person must get written proof from police or prosecutors that they cooperated. If the person has a deportation case in immigration court, they can apply for a U visa there. Survivors of human trafficking may be able to apply for a T visa instead.
What is asylum?
If a non-citizen is afraid to return to their home country, they may apply for asylum, withholding of removal, or relief under the Convention Against Torture (CAT). These are three different types of protection. They are for people who are afraid of being persecuted, seriously harmed, or tortured. Persecution means serious mistreatment because of a person’s race, religion, nationality, political beliefs, or membership in a social group.
These cases are hard to win. Asylum is granted more often than withholding or CAT, and it gives the strongest protections and benefits. A person’s eligibility depends on factors like when they entered the United States, whether they have criminal convictions, and the reasons they fear persecution, harm, or torture. Read more about asylum.
Can someone apply for a lawful permanent residency (LPR card or green card) while in immigration court?
A non-citizen might be able to apply for a green card while their removal proceedings are pending. They might be able to do this if they have a US citizen or LPR family member. If they get a green card, they may be able to stay lawfully in the US. Their US citizen or LPR family member would need to file a petition for them. Once it’s approved, they can apply for a green card.
If they have a criminal record or other immigration issues, it may be difficult to get a green card. Also, if they entered unlawfully, they will likely need to go back to their home country to finish the application processes, which is very risky.
What if someone has US citizen parents or grandparents?
Sometimes, a person might be a US citizen and they do not know it. This can happen if a non-citizen’s parents or grandparents are US citizens. A person who served in the US military and has been honorably discharged may also be able to apply for US citizenship while in removal proceedings. US citizens cannot be put in detention or deported. People in these situations should speak to an immigration lawyer. They may be US citizens or can apply for citizenship. If the person can show the IJ evidence of their citizenship, the IJ should end their removal proceedings.
All of these ways to avoid deportation are hard to prove. A non-citizen must give evidence and a personal statement in court to show they have a legal defense against removal or qualify for cancellation. An immigration lawyer can explain the process and the risks of trying any of these options.
