Withholding of Removal
Skilled Charlotte Immigration Attorney
Withholding of Removal is very similar to asylum, in that the alien must
show past or future fear of persecution because of race, religion, ethnicity,
political opinion, or membership in a particular social group. Unlike
asylum, however, an application for withholding of removal need not be
filed within one year of entry into the United States. The grant of withholding
of removal does not enable the alien to later apply for a green card,
nor can children receive derivative benefits.
Cancellation of Removal
Cancellation of Removal is a discretionary form of relief which allows
an alien to remain in the United States as a lawful permanent resident
even though he has been found removable. This form of relief is available
for aliens who are already lawful permanent residents as well as those
who have no legal immigration status. This form of relief is discretionary
on the part of the immigration judge. Before the judge has discretion
to grant cancellation of removal, the alien must prove that he meets the
statutory requirements. The requirements of cancellation for LPRs and
Cancellation for non-LPRs or LPRs not meeting the LPR cancellation requirements are:
- Has been physically present in the United States for 10 years immediately
prior to the service of the notice to appear.
- Has not been convicted of certain enumerated crimes
- Has good moral character
- Prove that removal would cause exceptional and extremely unusual harm to
a qualifying U.S. citizen or LPR parent, spouse, or child.
Cancellation for LPRs requires that the alien:
- Has lived in the United States for at least 7 years after admission to
the U.S. in any status
- Has been an LPR for at least 5 years.
- Has not been convicted of an aggravated felony
Contact the Charlotte Immigration Attorney at the firm today if you would
like to discuss your eligibility for cancellation of removal.
Adjustment of Status
Adjustment of status as a form of relief from removal allows an alien to
become a lawful permanent resident during the removal proceedings, without
leaving the United States. Although this relief is discretionary with
the immigration judge, the alien must usually have been admitted into
the country, meet the statutory eligibility requirements for the immigrant
visa requested, and have an immigrant visa number immediately available
before the judge has the authority to grant adjustment of status.
Voluntary Departure is a discretionary grant by the immigration judge that
allows an alien to depart the United States voluntarily, at his own expense,
rather than being ordered removed. This prevents the mandatory bars on
re-entry which result from a removal order. If voluntary departure is
granted at the master calendar hearing, the judge will normally allow
the alien 120 days to depart from the United States. If voluntary departure
is granted after another form of relief has been denied, the alien will
have only 60 days to depart.
Deferred Action is the final effort to prevent removal after a final order
of removal has been entered. If Immigrations and Customs Enforcement agrees
to defer removal, the alien may remain in the United indefinitely. However,
no legal status is conveyed and ICE may later decide to execute the removal
order. Deferred Action is rarely available, and granted only in exceptional
cases for humanitarian reasons.