Asylum, Withholding of Removal and Relief under the Convention Against Torture

Those in the US who have suffered past harm, or fear that they will suffer it if returned, are eligible for asylum, withholding of removal or relief under the Convention Against Torture. Applicants must show that they harm is a result of persecution based on race, religion, nationality, membership in a particular social group, or (actual or imputed) political opinion.

U Visas and Special Immigrant Juvenile Status

People who have suffered physical and/or mental abuse due to criminal activity, and can help the U.S. government, and children under 21 who are the victims of abuse or abandonment are protected.

DACA

Those who came to the U.S. as children, attended school in the U.S. and have not been outside of the U.S. for too long can apply for DACA, or Deferred Action for Certain Childhood Arrivals.

TPS and NACARA

Some countries are listed for Temporary Protected Status or “TPS” when the country’s condition make the return unsafe, or when its government can’t handle the return of its citizens. Likewise, those from certain countries — mostly Central America and Eastern Europe — who entered the U.S. before some dates and applied for asylum or for other remedies may be eligible for NACARA. TPS and NACARA are defense to deportation.

VAWA

Victims of crimes involving domestic violence are eligible for relief under the Violence Against Women Act. These applications can serve as a defense to deportation.

EOIR-42B, Non-Legal Permanent Resident

Applicants can ask for cancellation of deportation, and lawful permanent resident status if they establish (1) Physically present in the U.S. for 10 years (2) Good moral character for 10 years; and (3) That a U.S. citizen or legal permanent resident child, spouse, or parent will suffer extreme and exceptionally unusual hardship if the individual is not allowed to remain in the U.S. Work permit is granted while the application is pending.

Permanent Residency & Adjustment of Status

It can be used as a defense to deportation once the application for permanent residency is approved. Then the applicant can submit it alongside the Adjustment of Status. It is based on an approved immigrant family-based petition, or an approved employment-based petition.

Form I-751 Removal of Conditional Residence

It’s helpful when someone fails to timely file the I-751 petition to remove condition on residence, or it is denied by USCIS. The I-751 petition can be renewed as a defense to removal before an Immigration Judge.

Prosecutorial Discretion

Prosecutorial Discretion is requested in writing with evidence to the Department of Homeland Security in order to ask the government attorney for ending removal proceeding.

Motions to Terminate

An applicant file a Motion to Terminate asking the Immigration Court to terminate proceedings when the charges in the notice to appears is wrong.

Motions to Suppress

Those who are detained in violation of constitutional due process or applicable immigration regulations may be able to request the Immigration Court to suppress the evidence and to terminate Immigration Court proceedings.

Voluntary Departure

When individuals are eligible to return to their home country and obtain a visa to return to the U.S., they might request voluntary departure in lieu of being ordered removed / deported.