DEPORTATION AND/OR REMOVAL PROCEEDINGS
Prior to April 1, 1997, the government proceeding to deport a person from the United States was called a deportation proceeding. In cases of those caught entering the United States, they were sometimes placed in proceedings called exclusion proceedings. However, immigration law changed drastically with the passage of a law called the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) in September of 1996. Thereafter and beginning with the effective date of April 1, 1997, a person who is being deported is now placed in a proceeding called a removal proceeding. The agency in charge of removal proceedings is called the Executive Office for Immigration Review (EOIR or Immigration Court).
An alien is eligible to apply with EOIR for most legal forms of relief to which they were eligible to apply with the legacy INS, now called the United States Citizenship and Immigration Services (USCIS). However, there are some forms of relief for which a person can only apply during removal proceedings. These include Cancellation of Removal for Non-Permanent Residents and Cancellation of Removal for Permanent Residents.
Cancellation of Removal for Non-Permanent Residents is a form of relief of "last resort." A person is eligible to apply if they meet three requirements: 1) At the time they are officially placed in removal proceedings, they have been residing in the United States for at least 10 years and 2) are and have been a person of good moral character for those 10 years and 3) their deportation/removal would result in an exceptional and unusual hardship to a qualifying relative which includes United States citizen or legal permanent resident parents, spouses or children. The government only allots 4000 of these green cards per year. In recent years, the full 4000 have not been used which is a testament to how difficult it is to win this form of relief.
Cancellation of Removal for Permanent Residents is also a form of relief of "last resort" but for those who already have a green card. Sometimes the government wishes to deport someone who already has a green card because of the individual's conduct, usually involving the commission of a crime, which renders the person removable or which shows that s/he was inadmissable at the time of admission. If the person commits a crime which makes the person removable after obtaining a green card, s/he can apply for a form of "forgiveness" to be able to keep his/her green card if s.he meets the following requirements: 1) The person has had a green card for at least 5 years at the time a decision is made on the person's application for Cancellation of Removal for Permanent Residents and 2) before the person is placed in proceedings and at the time the person committed any offense that renders the person inadmissable (but not removable, meaning that a firearm offense or a domestic violence offense does not count toward the accumulation of 7 years, for example), the person had at least 7 years since being admitted in any status into the United States.
There are many other forms of relief available in court such as numerous forms of relief through the Violence Against Womens Act (VAWA), which can also include male victims. Victims of domestic violence at the hands of a United States citizen or legal permanent resident parent, spouse or unmarried son or daughter over the age of 21 might be eligible to obtain a green card if this abuse is proven and the applicant meets other requirements to qualify. Someone granted legal permanent resident status by mistake or due to concealment of ineligibility is not considered to have been lawfully admitted to permanent residence and so can't apply for 240A(a) cancellation of removal but might be eligible for certain fraud waivers. Other forms of relief include Temporary Protected Status (TPS).
An alien is eligible to apply with EOIR for most legal forms of relief to which they were eligible to apply with the legacy INS, now called the United States Citizenship and Immigration Services (USCIS). However, there are some forms of relief for which a person can only apply during removal proceedings. These include Cancellation of Removal for Non-Permanent Residents and Cancellation of Removal for Permanent Residents.
Cancellation of Removal for Non-Permanent Residents is a form of relief of "last resort." A person is eligible to apply if they meet three requirements: 1) At the time they are officially placed in removal proceedings, they have been residing in the United States for at least 10 years and 2) are and have been a person of good moral character for those 10 years and 3) their deportation/removal would result in an exceptional and unusual hardship to a qualifying relative which includes United States citizen or legal permanent resident parents, spouses or children. The government only allots 4000 of these green cards per year. In recent years, the full 4000 have not been used which is a testament to how difficult it is to win this form of relief.
Cancellation of Removal for Permanent Residents is also a form of relief of "last resort" but for those who already have a green card. Sometimes the government wishes to deport someone who already has a green card because of the individual's conduct, usually involving the commission of a crime, which renders the person removable or which shows that s/he was inadmissable at the time of admission. If the person commits a crime which makes the person removable after obtaining a green card, s/he can apply for a form of "forgiveness" to be able to keep his/her green card if s.he meets the following requirements: 1) The person has had a green card for at least 5 years at the time a decision is made on the person's application for Cancellation of Removal for Permanent Residents and 2) before the person is placed in proceedings and at the time the person committed any offense that renders the person inadmissable (but not removable, meaning that a firearm offense or a domestic violence offense does not count toward the accumulation of 7 years, for example), the person had at least 7 years since being admitted in any status into the United States.
There are many other forms of relief available in court such as numerous forms of relief through the Violence Against Womens Act (VAWA), which can also include male victims. Victims of domestic violence at the hands of a United States citizen or legal permanent resident parent, spouse or unmarried son or daughter over the age of 21 might be eligible to obtain a green card if this abuse is proven and the applicant meets other requirements to qualify. Someone granted legal permanent resident status by mistake or due to concealment of ineligibility is not considered to have been lawfully admitted to permanent residence and so can't apply for 240A(a) cancellation of removal but might be eligible for certain fraud waivers. Other forms of relief include Temporary Protected Status (TPS).