When a foreign national is placed in removal proceedings, it is essential that he or she first consult an experienced immigration attorney to determine what relief, if any, may be available.
Whether or not a foreign national qualifies for a certain type of relief is dependent on a variety of factors such as the ground of removeability being charged on the Notice to Appear (NTA), the foreign national’s length of residence in the U.S., and the foreign national’s family ties to the U.S.
Common forms of relief include:
- Cancellation of Removal Under INA § 240A(B)(1) - 10-Year Cancellation of Removal
- Cancellation of Removal for Certain Permanent Residents
- Adjustment of Status
- Relief under the Convention against torture
- Withholding of Removal
- Voluntary Departure
Some forms of relief such as suspension of deportation and INA 212(c) relief are no longer found in current immigration laws, but still exist due to statutory interpretation or federal court decisions – and the foreign national’s ability to qualify for these older forms of relief depends upon the nature of the proceedings (e.g. deportation vs. removal).