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 non-LPRs vary.

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

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

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.