Deportation defense guide
If you are found to be removable, you may request one or more types of discretionary relief.
But you have the burden of proving that you are eligible for relief under the law.
The Board of Immigration Appeals (BIA) hears appeals of Immigration Judge.
The BIA, part of the U.S. Department of Justice, is the highest administrative body which interprets and applies the immigration laws.
The available forms of relief include:
– Providing supplemental information to the United States Citizenship and Immigration Services (USCIS) (INA § 245 (i)); or
– Adjustment of Status to a lawful permanent resident,; or
– The Cancellation of Removal (212(c) or 212(h) Waiver) is available to qualifying LPRs who have continuously resided in the United States for at least 7 years and qualifying non-LPRs continuously present for at least 10 years; or
– Motions to Reopen or Reconsider by filing a timely motion with an Immigration Judge or the BIA; or
– Administrative Appeal filed with the BIA; and many others.
You can file a Judicial Review 30 days from the date of a final removal decision, generally with the Court of Appeals decisions.
The Immigration Judge will decide any forms of relief from removal you are eligible to apply for.