Deportation & Removal Defense

What are your options?

If a person is ordered deported by an immigration judge, he or she may be eligible for some type of relief or immigration defense. These are some of the possible forms of relief from deportation:

  1. Cancellation of removal for Permanent residents
  2. Cancellation of removal for Non-Permanent residents
  3. Adjustment of Status (Green Card)
  4. Asylum
  5. Deferred Action or Prosecutorial Discretion
  6. Voluntary Departure
  7. Stay of Removal (Form I-246)
If you are seeking an immigration attorney to assist with your deportation and removal defenses or if you have any questions, please call us at 405.600.9910. Free consultation available.

Cancellation of removal for Permanent residents (Form EOIR-42A)

This form of relief is for green card holders (lawful permanent residents - LPR). INA §240A allows the Attorney General to grant relief if the following conditions are met:

  1. The person has been an green card holder for a minimum of five years;
  2. Has resided in the United States continuously for 7 years after having been admitted in any status; and
  3. Has not been convicted of any aggravated felony.

Cancellation of removal for Non-Permanent residents (Form EOIR-42B)

INA §240A also allows the Attorney General to grant relief to non-permanent residents (persons who do not hold green cards). This standard is more difficult to satisfy than the standard for permanent residents. Here are the requirements:

  1. Non-permanent resident has been physically present in the United States for a continuous period of at least 10 years immediately preceding the date of such application;
  2. Has been a person of good moral character for ten years;
  3. Removal would result in "exceptional and extremely unusual hardship" to his/her spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

Cancellation of Removal Factors

The INS allows non-citizens to apply for cancellation of removal for those who continually resided and established significant ties in the United States. This enables certain deportable non-citizens to remain in the country regardless of their deportable status (subject to limitations).

Favorable factors for cancellation of removal:
Negative factors for cancellation of removal: