Relief From Removal/Deportation

If you are facing the threat of deportation, Cella & Associates can help you! Deportation is the process when a non-citizen alien is forced to leave the United States. Immigration officials may use the term deportation and removal interchangeably.

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Citizenship (Forms N-400, N-600):

Some aliens are United States citizens without knowing it. The following are two instances where this could happen:

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Adjustment of Status (Form I-485):

Adjustment of status is when an individual has an immediate relative petition the USCIS for their lawful permanent resident status,even while the alien is in removal/deportation proceedings. Another way adjustment of status may occur is if the individual is the primary or derivative beneficiary of a family-based or employment-based petition, stemming from an approved labor certification and/or PERM case that was filed on or before April 30, 2001.

An alien may also be eligible to apply for registry if they can prove that they have resided in the United States continuously since at least January 1, 1972 and are of good moral character.

Cancellation of Removal for Certain Permanent Residents (Form EOIR 42-A):

Even a lawful permanent resident (“LPR”) of the United States may be removable/deportable if he or she violated certain immigration and/or criminal laws. However, such a person may be able to keep his or her LPR status in the following instances:

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Cancellation of Removal for Certain Non-Permanent Residents (Form EOIR 42-B):

An alien in removal/deportation proceedings may be eligible to apply for “10-year Cancellation of Removal” for non-permanent residents if:

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Suspension of Deportation for Lawful Permanent Residents Under INA §212(c)(Form I-191):

A lawful permanent resident who is in removal/deportation proceedings for having been convicted of crime before April 1, 1997 may be eligible for a waiver under INA §212(c).

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T & U Visas:

An alien may be eligible for a T & U Visas when an alien has been a victim of a crime while in the United States or has been a victim of human trafficking into the United States. The alien must show that he or she is willing to cooperate, is currently cooperating, or has in the past cooperated with law enforcement to investigate and/or prosecute the person and/or organization(s) who have committed such crime(s).

A successful petition allows the alien to be eligible for permission to live and to work in the United States.

Nicaraguan and Central American Relief Act (“NACARA”) (Form I-881):

Apart from having never been convicted of an aggravated felony, to be eligible to apply for NACARA 203 relief, an alien must be one of the following:

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Temporary Protected Status (“TPS”) (Form I-821):

Aliens from certain countries may be eligible to apply for temporary protective status on the basis of civil or natural disaster or catastrophe. Commission of certain crimes preclude individuals from qualifying for TPS. Presently, the temporary protected status countries include:

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Voluntary Departure (“VD”):

An alien may voluntarily depart the United States, preserving the right to return. An Immigration Judge may grant voluntary departure only if:

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Prosecutorial Discretion (“PD”):

Immigration and Customs Enforcement (ICE) uses a number of factors to decide when to prosecute and when to exercise prosecutorial discretion to terminate removal/deportation proceedings against an individual in the United States illegally. The factors considered by Immigration and Customs Enforcement (ICE) include:

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Deferred Action For Childhood Arrivals (“DACA”) (Form I-821D):

Deferred Action For Childhood Arrivals (“DACA”) affords protection from removal for individuals who meet the following criteria:

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