RELIEF FROM REMOVAL

Depending on the specific facts of each case, there may be various forms of relief from removal available to prevent the foreign national from being deported from the United States. The following are commonly used forms of relief:

1. 212(c) waiver:
To be eligible for section 212(c) relief an immigrant must meet the following requirements:
(a) have 7 years of lawful permanent residence in the U.S.;
(b) pled guilty to a crime before April 24, 1996; and
(c) have not actually served five years or more in custody as the result of one or more aggravated felony convictions.

2. 212(h) waiver:
A waiver of inadmissibility under INA section 212(h) can be used for convictions involving moral turpitude, prostitution, and a single conviction of simple possession of 30 grams or less of marijuana. To be eligible for the 212(h) waiver generally, the immigrant must:
(a) have a qualifying relative who is a U.S. citizen or lawful permanent resident;
(b) show that removal would result in extreme hardship to the qualifying relative; and
(c) show that the alien has been rehabilitated;

3. 212(i) waiver:
A 212(i) waiver can be sought to waive an alien’s fraud or misrepresentation of a material fact in trying to procure a visa, other documentation, admission into the United States or other benefit under the INA. To be eligible for a 212(i) waiver, the immigrant must:
(a) be the spouse, son, or daughter of a U.S. citizen or LPR;
(b) establish that the qualifying relative will suffer extreme hardship if the waiver is denied.

4. 212(k) waiver:
A 212(k) waiver waives defective documents to enter the U.S.

5. Adjustment of Status:
An immigrant can avoid deportation by applying for adjustment of status. Depending on the circumstances of the case, the Immigration Judge may be able to adjudicate an adjustment of status application in Immigration Court.

6. Cancellation of Removal for Legal Permanent Residents:
To qualify for Cancellation of Removal the immigrant must satisfy the following requirements:
(a) has been an alien lawfully admitted for permanent residence for not less than 5 years;
(b) has resided in the United States continuously for 7 years after having been admitted in any status; and
(c) has not been convicted of an aggravated felony.

7. Cancellation of Removal for Non-Legal Permanent Residents:
To qualify for Cancellation of Removal the immigrant must satisfy the following requirements:
(a) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;
(b) has been a person of good moral character during those 10 years;
(c) does not have convictions of certain crimes;
(d) must show that removal would result in exceptional and extremely unusual hardship to a spouse, parent, or child who is a U.S. citizen or LPR.

8. Special Rule for Battered Spouse or Child:
The Attorney General may cancel removal of, and adjust the status of any foreign national previously lawfully admitted for permanent residence, or a foreign national who is otherwise inadmissible or deportable from the United States if the foreign national demonstrates that-

(a) he/she has been battered or subjected to extreme cruelty by a spouse or parent who is or was a U.S. citizen or lawful permanent resident (LPR). Foreign national could also be the parent of a child of a U.S. citizen or LPR, if the child has been battered or subjected to extreme cruelty by his/her other abusive US citizen or LPR parent;
(b) the foreign national has been a person of good moral character during such period;
(c) does not have convictions of certain crimes;
(d) the removal would result in extreme hardship to the foreign national, the foreign national’s child, or the foreign national’s parent.