Deportation is the removal of an alien who has entered the US either lawfully or unlawfully. To avoid being the subject of removal proceedings, aliens must always maintain a valid immigration status or lawful presence in the US. Should one find themselves in removal proceedings, various forms of relief are potentially available. They include, but are not limited to: Waivers, Cancellation Of Removal, Deferred Action, and Asylum to name a few.
Waivers: Often, but not always, waivers require that you can establish hardship or extreme and unusual hardship to you or your family if you were to be deported. Sometimes, the length of your stay in the U.S. makes a difference, too. There are numerous waivers in U.S. immigration law, some depend on your status or the status of your family, how long you have lived here, the nature of the immigration violation or criminal history and how and when you entered the United States
Cancellation of Removal: there are two types.
1. If you have resided in the US for more then 10 years, can demonstrate you are a person of good moral character and that if deported, it would result in extreme and unusual hardship to either a spouse, parent or child who is either a lawful permanent resident (green card) or a United States citizen. You may be granted Cancellation of Removal at the discretion of an immigration judge, which will then allow you to apply for adjustment of status (green card). This is called Non-LPR Cancellation of Removal.
2. If you are a lawful permanent resident facing deportation for any reason including many criminal convictions (drugs, guns, assault, theft, fraud, crimes involving moral turpitude) or immigration violations such as fraud, and have resided continuously in the U.S. for 7 years after being inspected and admitted in any status, have a green card for 5 years, and have not been convicted of an aggravated felony, this may be granted as a matter of discretion. This is called LPR Cancellation of Removal.
Deferred Action: Certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization. Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not provide an individual with lawful status.
Asylum: Asylum may be granted to an individual who qualifies as a “refugee” within the meaning of the Immigration and Nationality Act . The definition includes the requirement that the asylum applicant demonstrate that he or she is unwilling or unable to return to his or her home country because of past persecution or a “well-founded fear” of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. A grant of Asylum will allow you to apply for adjustment or status (green card). Political Asylum and refugee law is constantly changing.