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How noncitizens can use relief to avoid deportation

On Behalf of | Jun 4, 2021 | Immigration And Naturalization

If you or a family member in New Jersey is facing deportation, which is also known as removal, you might wonder if there is any way to prevent this from happening. In fact, there are a number of different avenues that might allow you or your relative to remain in the country.

Asylum and cancellation of removal

This type of relief occurs during ongoing removal proceedings. A person who has come to the United States as a refugee to seek asylum could apply at this point. Form I-589 must be completed within the first year of the person’s arrival in the country. Another option is getting a cancellation of removal. This is done before a judge. There are separate criteria depending on whether the person is a non-permanent resident or a lawful permanent resident.

Adjustment of status and voluntarily leaving

Adjustment of status may be possible for individuals who have family in the country. Another option is that the person could voluntarily leave, avoiding the deportation process. While this means that the person does acknowledge the reason for removal, this also can prevent a formal order that could make reentering the country later difficult. Immigration and naturalization may both be possible after voluntarily leaving.

Administrative or judicial relief

If a removal hearing has ended and the judge has determined that the person should be deported, there are still other possibilities. People may be able to make an administrative appeal or request a judicial review.

These can be complex processes, and immigration law itself is complicated. Filling out paperwork accurately and being on time with the right documentation is critical. People who are facing removal or who are having other immigration-related issues might want to consult an attorney to assist in explaining current regulations and help with court appearances and appeals.