Types of Relief from Removal

Protection based on fear of persecution or torture

Asylum may be available to a person who meets the refugee definition, establishes the required connection to a protected ground, is not barred, and receives a favorable discretionary decision. The one-year filing deadline generally applies, with limited exceptions.

Withholding of removal under INA section 241(b)(3) generally requires proof that persecution on a protected ground is more likely than not in the proposed country of removal. Protection under the Convention Against Torture (CAT) generally requires proof that torture is more likely than not and would involve a public official's involvement, consent, or acquiescence. Withholding and CAT can prevent removal to a particular country but do not provide all the benefits of asylum or automatically lead to permanent residence.

Asylum process · Credible-fear process

Cancellation of removal

Cancellation is available only to people who meet specific statutory requirements. Nonpermanent residents generally must prove ten years of continuous physical presence, good moral character, no specified disqualifying convictions, and exceptional and extremely unusual hardship to a qualifying U.S. citizen or permanent-resident relative. Permanent residents generally must meet five-year status and seven-year residence requirements and have no aggravated-felony conviction.

Cancellation is decided in immigration court and is discretionary. A 4,000-per-fiscal-year cap applies to grants of certain nonpermanent-resident cancellation and related relief.

Cancellation of removal

Adjustment of status

Adjustment of status is an application to become a lawful permanent resident while in the United States. Eligibility often depends on a qualifying family or employment basis, inspection or admission requirements, admissibility, and whether the immigration judge or USCIS has authority over the application. A family petition alone does not automatically end removal proceedings.

Waivers may be available for some grounds of inadmissibility, but they have their own requirements. A representative can coordinate the court case with any USCIS application and explain how a decision in one process affects the other.

Voluntary departure

Voluntary departure lets an eligible person leave the United States by a set date instead of receiving or carrying out a removal order. It has strict eligibility rules and consequences, including possible penalties and immigration bars if the person does not depart as ordered. A bond may be required for some grants.

Before accepting voluntary departure, understand what happens to pending applications, appeals, and future immigration options. It is not the same as being granted status or being allowed to remain in the United States.

EOIR: Voluntary Departure

Prosecutorial discretion

DHS may decide how to pursue a case, including whether to seek dismissal or another procedural action in appropriate circumstances. Prosecutorial discretion is not a form of permanent immigration status and does not guarantee that proceedings will be dismissed. Eligibility criteria and enforcement priorities can change, so verify current policy and get individualized advice. Deadlines still matter: asylum generally has a one-year filing rule, and a voluntary-departure order has a specific departure date.