Ep. 45 What are some of the ways to obtain relief from Removal/Deportation?

  • There are three ways: Cancellation of Removal, Asylum and Adjustment of Status
  • Cancellation of removal is a good way for people that had been in US for 10 or more years.
  • Asylum is a good way if you qualify to avoid removal.
  • Adjustment of status is when changing your status from known immigrant to lawful permanent resident.
  • Another way is called Prosecutorial Discretion.

Raw Transcript:

Jacob: Hello everybody, Jacob here. Ask An Immigration Lawyer Podcast. You ask, we answer, simple.

Today I’m answering a question from Mary. Mary is a person that left a comment on our Facebook page and the question is what are some of the ways to obtain relief from removal and be allowed to remain in United States?

Well, as you go through the process of removal and you’re not going through an adjustment of status because you’re married to a US citizen, there are a couple of ways. One of them is cancellation of removal and the other one is asylum and, of course, the final one is adjustment of status.

Just quickly about cancellation of removal. It’s basically a way for immigration judge to stop your removal and it’s available for lawful permanent residence. It’s different as oppose to ones that are undocumented aliens. But cancellation of removal is a good way for people that had been here for 10 years or more; have US citizen children to try to get their removal drop.

Another way is asylum. So asylums can be given to somebody who is in proceedings, who qualified as a refugee. You have to show an ability to come … to go back to your native country because of past prosecution or well-founded fear of injury or death base on your raise, religion, nationality, membership in a particular social group or particular opinion. So asylum is a good way if you qualify to avoid removal.

And finally its adjustment of status is when you are … changes your status from known immigrant to lawful permanent resident and this include those who had petitions filed by US citizens spouse or immediate family members who is a US citizen or legal permanent residence.

Those are great ways to be able to avoid removal.

Another way is called Prosecutorial Discretion if you’re facing deportation or removal. You could ask for the court to cancel your case because you’re not a threat to United States and there’s a way to stay here using prosecutorial discretion.

So these are some ways to avoid removal. Always consult a qualified, experience immigration attorney who understands the removal proceedings and how you can avoid one.

Thanks for listening. Hopefully that was helpful. You ask, we answer, simple. We thank you for listening to our podcast. If you have any questions please always email or comment on our Facebook page. Thank you guys.

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