Grounds for Removal and Inadmissibility
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The Removal Process
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Relief from Removal
A foreign citizen who is placed in removal or deportation proceedings may apply for relief from removal if the requirements are met. There are several forms of relief, which include:
Cancellation of Removal
This relief is available to permanent and non-permanent residents.
Permanent residents applying for LPR cancellation of removal under Section 240A(a) of the Immigration and Nationality Act must meet the following requirements: (a) permanent residency for at least 5 years, (b) residence in the U.S. after admission in any status for at least 7 years, and (c) no conviction for aggravated felony, as defined in the Immigration and Nationality Act.
A non-permanent resident who is under removal proceedings may apply for cancellation of removal under Section 240A(b) of the Immigration and Nationality Act, as a form of defense from removal, as long as they meet the following conditions: (a) physical presence in the U.S. for at least 10 years, (b) good moral character and not convicted of an aggravated felony under Section 212(a)(2), 237(a)(2), or 237(a)(3) of the Immigration and Nationality Act, (c) existence of qualifying relatives – U.S. citizen or permanent resident spouse, parent or child – and such relative will suffer extreme and unusual hardship if the person under removal proceedings (also known as “respondent”) is removed from the United States.
A battered spouse or child may, pursuant to a special rule, apply for VAWA cancellation of removal if the following conditions are met: (a) has been physically present in the U.S. for at least 3 years, and (b) able to demonstrate extreme hardship to the applicant, child or parents.
Note that cancellation of removal requires continuous physical presence or residence in the United States. The accrual of the requisite period of time ends upon service of a Notice to Appear (NTA, which signifies the commencement of removal proceedings) or the commission of a crime that renders the person inadmissible under Section 212(a)(2) or removable under Section 237(a)(2) or 237(a)(4) of the Immigration and Nationality Act, whichever is earlier.
Adjustment of Status in Removal Proceedings
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212(c) Waiver of Inadmissibility or Deportability
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Asylum, Withholding of Removal and Convention Against Torture
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Deferred Action
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Stay of Deportation
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Visa for Witnesses (S Visa)
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Post-Conviction Relief
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Voluntary Departure
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Permanent Residency in the Removal Context
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