Introduction
Navigating the complexities of deportation proceedings can be daunting. At our firm, we understand the gravity of these situations and strive to provide comprehensive guidance to individuals facing deportation. In this article, we delve into the various legal options available to individuals seeking relief from deportation.
Adjustment of Status
Eligibility Criteria
Adjustment of status allows certain individuals to apply for lawful permanent resident status without having to leave the United States. To be eligible, applicants must meet specific criteria, including:
- Eligible Relationship: Applicants must have a qualifying relationship with a U.S. citizen or lawful permanent resident spouse, parent, or child.
- Eligibility Category: Individuals must fall under an eligible category, such as family-based immigration, employment-based immigration, or refugee/asylee status.
- Admissibility: Applicants must demonstrate that they are admissible to the United States under immigration law.
Process Overview
The adjustment of status process involves several steps, including:
- Submission of Form I-485: Applicants must file Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documentation.
- Biometrics Appointment: Applicants are required to attend a biometrics appointment to provide fingerprints, photograph, and signature.
- Interview: In some cases, applicants may be scheduled for an interview at a USCIS field office.
- Decision: USCIS will adjudicate the application and issue a decision.
Cancellation of Removal
Requirements
Cancellation of removal is a form of relief available to certain non-permanent residents who are in removal proceedings. To qualify, individuals must meet the following requirements:
- Continuous Physical Presence: Applicants must have been physically present in the United States for a continuous period of at least ten years.
- Good Moral Character: Individuals must demonstrate good moral character during the ten-year period.
- Exceptional and Extremely Unusual Hardship: Applicants must establish that their removal would result in exceptional and extremely unusual hardship to a qualifying relative, such as a spouse, parent, or child who is a U.S. citizen or lawful permanent resident.
Process Overview
The process of seeking cancellation of removal involves the following steps:
- Filing Form EOIR-42A: Applicants must submit Form EOIR-42A, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents, to the immigration court.
- Evidence Submission: Applicants must provide evidence to support their eligibility for cancellation of removal, including documentation of continuous physical presence and hardship.
- Master Calendar Hearing: Applicants will attend a master calendar hearing before an immigration judge.
- Individual Merits Hearing: If eligible, applicants will have an individual merits hearing to present their case for cancellation of removal.
Conclusion
In conclusion, understanding the legal options available for relief from deportation is crucial for individuals facing removal proceedings. Whether through adjustment of status or cancellation of removal, seeking competent legal counsel can make a significant difference in the outcome of one’s case. At our firm, we are dedicated to advocating for our clients and guiding them through the complexities of immigration law.