Forms of Relief

  • Applying for asylum
  • Restriction on removal
    • A person may not be removed to a country where her life or freedom "would be threatened" (different from well-founded fear of persecution)
      • = clear probability of harm
    • CAT—even "aggravated felons"—cannot be sent you to a place where they will be tortured—interpreted by Homeland Security as "at hands of the government"
  • Adjustment of status
    • Limited immigration benefit giving beneficiary "privilege" of changing from non-immigrant classification to lawful permanent residence
  • Lawful admission or parole
  • Temporary Protected Status (cannot be granted by immigration judge in removal proceedings)
  • Extension of status (cannot be granted by immigration judge in removal proceedings)
  • Cancellation of removal
    • Long-term permanent residents who are deportable or inadmissible if they have been LPRs for at least 5 years and resided in the US in status for 7 continuous years may have the proceedings terminated and the grounds waived.
    • Non-permanent residents who have resided continuously for 10 years and can show exceptional and extremely unusual hardship to their US citizen or LPR child, spouse or parent may have proceedings terminated and receive LPR status.

Bad Situations! (Difficult to get relief.)
  • Prior removal order
  • Post-removal order, failure to depart and no pending appeals
  • Expired non-immigrant status
  • Entered the US without first having been inspected by DHS
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