Relief from Removal
Foreign nationals and lawful permanent residents (LPRs) may be able to seek relief from removal under certain circumstances. The most common forms of relief from removal include:
- Cancellation of removal. An option for some LPRs and foreign nationals who are non-permanent residents, cancellation of removal is based on how long the individual has been in the United States under their status, the nature of their crime, their moral character and certain other factors.
- Political asylum. Immigrants who seek relief from removal on the grounds of political asylum do so because they fear persecution in their home countries due to their religion, race, nationality, political affiliation or involvement in a particular social group. Their fears must be founded on fact and they must be eligible for asylum under the traditional conditions.
- 212(c) waiver. A 212(c) waiver offers relief from removal to certain LPRs who have been living in the U.S. for at least seven years. The 212(c) waiver is not an option for any LPR whose crime resulted in more than five years of prison time.
- Adjustment of status. An adjustment of status occurs when a non-immigrant applies to be an LPR. Though individuals who have been ordered to be removed from the country may be ineligible for an adjustment of status, it is an option for some.
- 212(h) waiver. A 212(h) waiver offers relief from removal for those who were convicted of certain crimes on the grounds that a husband, wife, parent, son or daughter — who is an LPR or a U.S. citizen — would suffer extreme hardship as a result of their relative’s removal. A 212(h) waiver may also be used to allow re-entry if the crime occurred more than 15 years ago, if the individual in question was successfully rehabilitated, and if the re-entry would do no harm to the country or its inhabitants.
- Voluntary departure. Voluntary departure is when foreign nationals or LPRs leave the country at their own expense within the time allotted by an immigration judge.
Rifkin and Fox-Isicoff, P.A.’s lawyers provide prompt assistance to those who are scheduled to be removed from the country by exploring the above options. We are diligent advocates for our clients’ rights.
Contact Rifkin and Fox-Isicoff, P.A. today
With offices in Miami, Orlando and Lima, Peru, the team members of Rifkin and Fox-Isicoff, P.A. are ideally positioned to assist temporary workers applying for nonimmigrant visas. Our law firm has the skill, attentive nature and dedication needed to successfully see your case through from the moment your consultation begins until its ultimate resolution. Reach out to our offices online, or call us at (305) 371-2777 in Miami or at (407) 425-8472 in Orlando or in Lima, Peru at 011-51-987727855.
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