Relief from Deportation
By Reuben S. Seguritan
December 21, 2016
Although president-elect Donald Trump has softened his stance on deporting undocumented immigrants, many are still fearful of what his presidency could do especially to the young immigrants who came out of the shadows and offered their information in exchange for the protection promised by the Deferred Action on Childhood Arrivals (DACA).
Being placed under removal proceedings, otherwise known as deportation, is probably one of the hardest things any immigrant might have to experience. Thankfully, various deportation reliefs are available. Some reliefs will even offer a path to permanent residence which can ultimately lead to citizenship. Therefore, it is best to know what options are available before giving up hope.
Reliefs from deportation include asylum, cancellation of removal, adjustment of status, voluntary departure and deferred action.
Aliens who have a well-founded fear of persecution from their home country on account of their race, religion, nationality, membership in a political group or political opinion can seek asylum here in the US. They can bring their family members to the US, obtain employment authorization and may be eligible to apply for a green card one year after the grant of an asylum.
Cancellation of removal, just like an application for asylum, can also lead to a green card.
To be eligible for cancellation, the alien must prove continuous physical presence in the US of at least 10 years counted from the first physical entry into the country, legally or illegally, and ends upon the service of the notice to appear (NTA) at a removal proceedings. He must also prove his good moral character during the 10-year period and must establish that deportation would result in ‘exceptional and extremely unusual hardship” to a US citizen or a legal permanent resident spouse, parent or child.
For an alien who was admitted and inspected when he came to the US and he is the parent, spouse, widow or child of a US citizen, he may apply to adjust his status to permanent residence even before the immigration judge if removal proceedings have already begun.
Another type of relief that may be available is voluntary departure. This allows an alien who would otherwise be deported to leave the US at his own expense but within the time period ordered by the judge, which can be as long as 120 days if requested at the beginning of the proceedings.
An alien who is ordered removed may be barred from reentering the US for at least several years, but one who voluntarily departs is not subject to the penalties of removal. Voluntary departure may be requested before or at the master calendar hearing, after the individual hearing, or at the conclusion of the proceedings.
Finally, the alien can also request for a deferred action which may be granted for humanitarian reasons. It is a form of relief granted not by the judge but in the exercise of prosecutorial discretion by the district director.
The alien must demonstrate that his removal is not a priority of the government. Some of the factors to be considered include the likelihood of ultimately removing the alien; the presence of sympathetic factors; likelihood of a large amount of adverse publicity because of those sympathetic factors; the alien’s continued presence is desired by law enforcement for an ongoing investigation or review; and whether the alien is a member of a class that is a high enforcement priority.