Applying for Removal Relief

Many immigrants in the United States are eligible to apply for deportation relief, although many do not realize it. Removal relief is the process of applying for various forms of relief from deportation, such as a stay of removal, cancellation of removal, or asylum.

Once an order for removal has been issued, most immigrants have the option of filing a petition with the Board of Immigration Appeals (BIA). This petition must be filed within 30 days of a judge’s written or oral decision. Filing a timely appeal (Form EOIR-26) automatically stays the order of removal.

U.S. immigration law can change at any time. New administrations can make major immigration law changes that affect people across the country. For legal advice about getting a stay of your deportation order, talk to a local immigration lawyer.

Discretionary Forms of Relief

Discretionary stays refer to the process by which a judge may grant permission for an immigrant to remain in the United States for a limited amount of time due to a variety of circumstances. In some cases, discretionary relief may offer a cancellation of removal, in which the judge decides to allow the alien to remain in the country permanently. Immigration law gives noncitizens various options to stay an order of removal.

Cancellation of Removal

Cancellation of removal is a type of removal relief offered to immigrants who qualify under certain moral and legal standards. They must have been lawful permanent residents (LPRs) for no less than 5 years and also lived in the United States continuously for 7 years after admission under any status.

To qualify, applicants must demonstrate good moral character and no history of aggravated felonies or serious criminal convictions, such as drug trafficking, murder, or sexual crimes. 

Asylum

In other cases, people qualify for asylum if returning to their country of origin would put them in danger. Other judges may offer an adjustment of status, which grants green card status to the non-resident so that they remain in the United States.

An asylum seeker must demonstrate the inability to return to their home country due to past persecution or a fear of future persecution based on their political opinion, social group, race, religion, or nationality.

To apply for asylum, you must submit Form I-589, Application for Asylum and Withholding of Removal, within one year of arrival in the United States. An immigration judge will determine if you meet the eligibility requirements.

Voluntary Departure

The process of voluntary departure is unique because it gives those who have come to the United States illegally the opportunity to leave without facing the severe consequences that come with a removal order.

Voluntary removal makes it easier to reapply for a visa at a later date. Deportation results in a lengthy waiting period in most cases, during which time the person is unable to reapply for immigrant status. This period is typically a minimum of 10 years. In some cases, immigrants who obtain a voluntary departure through an immigration judge can return much sooner once they have their documentation in order.

Individuals can request voluntary departure at the beginning of removal proceedings. Seeking a voluntary departure means forfeiting the right to seek any other form of removal relief. In the early stages of removal proceedings, a requested voluntary departure may be granted at the discretion of the immigration judge, subject to specific eligibility criteria. Immigration officials can grant voluntary departure before the person has a hearing, after the hearing has begun, or, in some cases, after entry of the final order for removal.

An immigration attorney can often provide assistance when it comes to determining whether a voluntary departure is a better option than applying for other forms of temporary removal relief, such as a stay or cancellation of removal.

Administrative Stays or Judicial Relief

Immigrants can make administrative appeals to the Board of Immigration Appeals. This process occurs after an initial removal hearing, and its purpose is to overturn the decision of an immigration judge. Federal courts or the BIA can provide these types of relief.

The administrative appeals process begins when an immigrant or DHS disagrees with the decision of an immigration court judge and seeks to overturn the ruling. File any administrative appeals within 30 days of the ruling. Immigration law grants federal appellate courts the authority to review decisions made by the BIA.
The process of filing a petition for judicial review is very complex. An immigration attorney may be able to provide representation for immigrants during a judicial hearing. A court hearing is typically the last mode of appeal before deportation. If U.S. Immigration and Customs Enforcement (ICE) puts you in removal, contact a local immigration attorney as soon as possible to talk about your case.