Elimination of the criminal convictions that provide the basis for deportation proceedings. Various remedies may be available including motions to vacate the convictions. Click here to see post conviction relief page.
Cancellation of Removal is an important legal remedy for both permanent and non-permanent residents who are in immigration court removal (deportation) proceedings. This important form of relief is available for aliens who have resided continuously in the U.S. for at least five (5) years as lawful permanent residents and have resided continuously in the U.S. in any lawful status for at least seven (7) years. In addition, a lawful permanent resident must not have been convicted of an aggravated felony.
If you do not qualify as a permanent resident, then cancellation of removal as a non-permanent resident may still be available to you even if you are a permanent resident. In order to qualify, an alien must have resided in the U.S. continuously for ten (10) years in any capacity even though the person may have entered the U.S. illegally. You must establish good moral character which includes a strong work history in the U.S. during those years. You must also demonstrate that your removal would result in exceptional and extremely unusual hardship to your qualifying relatives residing in the U.S. While these hardship requirements are very substantial, aliens who have U.S.C. spouses, children, grand children, and parents residing in the U.S. may be eligible for this form of relief.
Suspension of Deportation
(See waivers discussion below).
Use of waivers against excludability, inadmissibility, and deportability such as the recently revived waiver under section 212(c) of the I.N.A. for relief even from aggravated felony convictions which occurred before April, 1996. This all important waiver is available to eliminate deportation for even aggravated felony conviction(s) if: 1) The conviction(s) was sustained (plea of guilty or no contest) before April 24, 1996 2) You were a lawful permanent resident at the time of the guilty or nolo plea 3) You did not serve more than five (5) years in state prison for any one conviction, and 4) You have at least seven (7) years of continuous lawful residence in the U.S. from the date the removal proceedings commenced (receipt of the Notice to Appear in immigration court).
Also available are the 212(i) and 212(h) waivers for those who may have committed fraud or made material misrepresentations in an immigration application process or may have committed crimes involving moral turpitude.
Seeking protections under the recently adopted Convention Against Torture (C.A.T.) can provide relief from removal, even if you have sustained an aggravated felony conviction. However, the standard of proof required to obtain this form of relief is considerably more difficult than any of the others. To obtain C.A.T. relief, you must demonstrate that it is more likely than not that you will be tortured, killed or sustain great bodily injury if you are returned to your home country; and, where none of these remedies are available, do not forget:
