__________________________________________________________________RELIEF FROM DEPORTATION
There are several forms of available relief from deportation: voluntary departure, cancellation of removal and asylum.
VOLUNTARY DEPARTURE
Voluntary departure is a valuable form of relief from deportation or removal. An individual may apply to the immigration judge for voluntary departure instead of deportation.
Voluntary departure may be granted before the conclusion of the removal proceedings and at the conclusion of removal proceedings. Before the conclusion of the removal proceedings, voluntary departure may be granted if an alien applies for such relief and agrees to depart at his own expense.
Voluntary departure at the conclusion of the removal proceedings requires that an alien have been physically present in the United States for at least one year immediately preceding the date the Notice to Appear was served; that he is a person of good moral character; that he has not been convicted of aggravated felony or has been engaged in terrorist activities; that he can prove having the means to depart the US and intends to do so; that he posts the required bond; and, finally, that he has not been permitted to depart voluntarily after having been found inadmissible for having being illegally present.
Failure to depart within specified period of time, may result in penalties.
CANCELLATION OF REMOVAL
Eligibility Requirements for Permanent Residents
Qualifications for such relief are as follows:
An alien must be lawfully admitted for permanent residence for at least five years; have resided continuously in the United States for seven years after having been admitted in any status; and have not been convicted of any aggravated felony.
Note: even if an alien satisfies all the requirements, cancellation of removal may still be denied, since it is a discretionary form of relief.
For others
Qualifications for relief are as follows: an alien must be physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of application for relief; has been a person of good moral character during such period; has not been convicted of an offense under INA § 212(a)(2) or § 237(a)(2) or (3), 8 U.S.C. § 1182(a)(2) or § 1227(a)(2) or (3), and establishes that removal would result in exceptional and extremely unusual hardship to the alien's U.S. citizen or lawful permanent resident spouse, parent, or child.
In case of battered spouses and/or children of the U.S. citizens or lawful permanent residents, standard for cancellation of removal is looser.
Please be aware, that cancellation is not available to certain groups of aliens, such as crewmen, persecutors, terrorists, some non-immigrant exchange visitors and others. Even if an alien satisfies all the requirements, cancellation of removal may still be denied, since it is a discretionary form of relief.
