United States Removal or Deportation Proceedings

An adjustment of status (AOS) is an application for immigrants located in the U.S. who want to change their status to lawful permanent resident (LPR). However, individuals can also use AOS as a defense during removal proceedings.

When facing removal proceedings, an individual can adjust their status based on their marriage or relationship to a U.S. Citizen or LPR. The USCIS will review and either approve or deny an I-130 petition (the form you complete to file for AOS). An immigration lawyer at Scott D. Pollock & Associates, P.C. can help you with AOS paperwork and defend you throughout the removal process.

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If you are facing removal proceedings and cannot or do not want to return to your home country due to persecution, you may be eligible to apply for asylum.

Foreign nationals who can demonstrate that they have been or will likely face persecution based on race, religion, nationality, political opinion, or membership in a particular social group can apply for asylum.

The asylum application process varies depending on whether you are in the process of being deported or not. Individuals who are facing removal proceedings have different requirements and deadlines compared to those who are not in removal proceedings.

If you are in removal proceedings and intend to apply for asylum, you must inform the immigration judge and submit your application before the deadline. You must also demonstrate that you meet the legal definition of a refugee.

If you are not facing removal proceedings, you can submit your asylum application to the United States Citizenship and Immigration Services (USCIS). You must also meet the same legal definition of a refugee.

It is critical to seek legal assistance from an immigration lawyer familiar with the asylum application process as soon as possible. They can help you navigate complex requirements and procedures and work to protect your rights throughout the process.

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Foreign nationals facing removal proceedings may be able to fight deportation by applying for cancellation of removal. This application can waive certain immigration violations, depending on the circumstances.

To be eligible for cancellation of removal, you must meet specific requirements, such as proving that you have been physically present in the United States for a certain number of years and that your removal would cause exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, child, or parent.

If an individual successfully obtains a cancellation of removal, they become eligible to keep or obtain permanent residency in the United States. This can be a complex legal process. It is highly recommended to seek the guidance of an experienced immigration lawyer who can provide the necessary support and help you navigate the legal requirements.

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Withholding of removal is intended for foreign nationals who can prove there is a significant chance they will be

Withholding of removal is intended for foreign nationals who can prove there is a significant chance they will be persecuted in their home country or country of origin if they return. Anyone granted withholding of removal is protected from being deported to the country where they fear persecution.

This option is similar to asylum but inferior in several ways. The primary difference between the two is the level of proof required to be eligible. To qualify for asylum, applicants must demonstrate a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group.

In contrast, to be eligible for withholding of removal, an applicant must demonstrate that it is more likely than not they will face persecution if they return to their home country.

Another difference is the benefits available. An individual can apply for permanent residency in the United States if granted asylum. However, withholding of removal does not provide individuals with the right to work in the U.S. or travel outside the country. In addition, withholding of removal does not provide a path to permanent residency or citizenship.

persecuted in their home country or country of origin upon return. Anyone granted withholding of removal is protected from being deported to the country where they fear persecution.

This option is inferior to asylum in several ways, but certain crimes that disqualify applicants from securing asylum do not make them ineligible from withholding of removal.

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The Convention Against Torture (CAT) is an uncommon form of protection granted to foreign nationals who fear torture in their country of origin or home country, either directly by the government or with its tacit approval.

In cases where foreign nationals are ineligible for withholding removal and asylum, CAT may be their only recourse to remain in the United States. Under CAT, individuals must demonstrate that it is more likely than not that they will face torture if returned to their home country. If approved, CAT protects them from removal but does not lead to lawful permanent resident status or citizenship.

We strongly suggest consulting with an experienced immigration lawyer to ensure you meet all the legal requirements and deadlines for filing a CAT application.

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212(h) waivers are part of the Immigration and Nationality Act (INA). Generally used alongside AOS, they authorize discretionary waivers of certain inadmissible crimes. INA 212(h) waivers are often used for people who are inadmissible to the U.S. due to criminal convictions.

These waivers can provide a deportation defense if applicants prove they have been rehabilitated, are not a threat to national welfare and safety, and the criminal activity occurred more than 15 years before they applied for entry into the U.S.

The application process can be complex and requires careful consideration of specific circumstances. It’s essential to consult with an experienced immigration attorney to assess eligibility and determine the best course of action.

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You always have the option for voluntary departure. This is a preferable alternative for those who want to avoid the negative consequences of a deportation order.

A formal deportation order often includes a 10-year bar on re-entry to the U.S. With a voluntary departure, the individual is not subject to this penalty and may be able to reapply for admission to the U.S. later.

Individuals also maintain control over their departure from the U.S. through voluntary departure rather than being forcibly removed by immigration authorities. This is a beneficial option for individuals who have established lives in the U.S. and wish to leave on their own terms.
However, it’s important to note that voluntary departure may require individuals to pay for their travel expenses and leave the U.S. within a specific timeframe.

Additionally, immigration authorities may subject individuals to additional penalties and formal deportation orders if they fail to leave within the designated timeframe or meet other conditions of voluntary departure.

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