Removal is a term in immigration law that has replaced the term “deportation”. Removal may occur if a non-alien citizen violates certain criminal laws, immigration rules, or other policies while in the country. In certain cases, relief from removal may delay or prevent the person from being removed. This will effectively allow them to remain in the United States, subject to specific rules and regulations.
What are Some Forms of Relief From Removal?
There are a handful of different types of relief from removal. These include:
- Cancellation of Removal: The removal process can sometimes be cancelled entirely, for instance, if the person may face extreme hardships in returning to their country of origin.
- Adjustment of Status: This may change the way that the removal grounds apply to the person
- Asylum: This is extended to certain persons who may face persecution or hardship if they return to their home country
- Suspension: A removal proceeding can be temporarily suspended, usually on account of an administrative or procedural matter
The availability of each type of relief from removal will depend on each individual case. For instance, cancellation of removal may apply to some non-citizens, but not others, depending on their country of origin. A person can also subject themselves to voluntary removal, which is still removal, but may have benefits if they wish to return to the country in the future.
Is Relief From Removal Automatically Granted?
Relief from removal is not granted as an automatic course of options. Usually, the person being summoned for removal proceedings will need to specifically request for relief from removal from the judge or immigration panel.
The earlier in the process that such requests are made, the better chances the applicant will have in obtaining relief. Also, the applicant will need to supply evidence in support of their request for relief. This can include statements and documents showing their eligibility for relief.
Do I Need a Lawyer for Help Obtaining Relief From Removal?
Removal proceedings can be very intimidating to face. If you or your loved ones need assistance with removal proceedings, you may wish to hire a qualified immigration attorney. Your lawyer can inform you of your rights, and can help represent you during the entire process.