If an “alien” or an “undocumented individual” is considered to be deportable, they could apply for relief to avoid the situation — given that they’re eligible. In general, these reliefs come in two categories: judicial or administrative relief and discretionary relief. Below are some of the most common removal relief types in both categories:
Cancellation of Removal
This relief could be an option for a qualified non-permanent and permanent U.S. resident. With this benefit, your status could be modified from deportable or removable to legally admitted for permanent residency.
With this relief, you must demonstrate to the court that you’re legally qualified for relief and that you’re deserving of such relief as per the discretion of the immigration judge.
Adjustment of Status
Adjustment involves modifying your non-immigrant status to a permanent resident status. You need to be petitioned by your spouse, a qualified family member, or a prospective employer, though. If you have a criminal history, has failed to leave following the voluntary departure, or didn’t attend your proceedings, you might be ineligible for this relief and get a green card, warns an experienced immigration attorney in Utah.
You could apply for asylum in the U.S. if you could demonstrate that you’re a “refugee.” You need to show that you can’t go back to your home country due to pas persecution or fear of being persecuted because of your nationality, religion, race, or due to your being a member of a particular political or social group.
This relief is typically considered as the last resort because if granted, you could leave the U.S without having to be formally removed or deported. You must admit, however, that you’re removable or deportable and leave within the allotted timeframe. Otherwise, you’ll be fined and prohibited from seeking other types of removal relief for 10 years.
Judicial or Administrative Relief
This is only an option after the conclusion of your removal proceeding. It’s similar to an “appeal” since you would need to challenge or overturn an order that an immigration judge has already issued against you.
Depending on your circumstances, there might be other removal relief options available to you. The laws surrounding reliefs from removal or deportation are very complex, and unless you have a thorough understanding of these laws, your best recourse would be to work with an immigration attorney.