Forms of Relief in Removal Proceedings

Being placed in removal (deportation) proceedings does not automatically mean someone will be deported. An immigration judge can grant several forms of relief that allow a person to stay in the U.S. legally — if they qualify and apply in time.

Asylum

For people who have suffered persecution, or have a well-founded fear of future persecution, in their home country because of race, religion, nationality, political opinion, or membership in a particular social group. Generally must be requested within one year of arrival in the U.S., though exceptions exist. If granted, asylum can lead to a green card after one year and eventually citizenship.

Withholding of Removal

A related but separate protection for people who face a threat to their life or freedom in their home country. It requires proving persecution is "more likely than not" — a higher bar than asylum's "well-founded fear" standard. Unlike asylum, it does not offer a path to a green card or citizenship, and it only prevents removal to a specific country.

Protection Under the Convention Against Torture (CAT)

Available to those who would more likely than not face torture, including by or with the consent of government officials, if returned to their home country. Like withholding of removal, CAT protection does not lead to permanent status but does prevent removal to that country.

Cancellation of Removal

There are two versions of this relief:

• For lawful permanent residents (green card holders): generally requires at least 5 years as an LPR, 7 years of continuous residence in the U.S. in any status, and no aggravated felony conviction.
• For non-permanent residents: generally requires 10 years of continuous physical presence, good moral character, no disqualifying criminal record, and proof that removal would cause "exceptional and extremely unusual hardship" to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child.

Adjustment of Status

If someone already has an approved family- or employment-based visa petition and a visa number is currently available, they may be able to apply for a green card directly in front of the immigration judge, rather than leaving the country to process a visa abroad.

Waivers of Inadmissibility

Certain grounds that would otherwise block a green card or admission — such as some past immigration violations, fraud, or misrepresentation — can sometimes be forgiven through a waiver, often requiring proof of hardship to a qualifying U.S. citizen or lawful permanent resident relative.

Voluntary Departure

When no other relief is available, voluntary departure allows a person to leave the U.S. on their own, by a set deadline, instead of receiving a formal removal order. It can reduce some future immigration penalties compared to a removal order, but it still has consequences and should be discussed with an attorney before agreeing to it.