Generally there are very few reliefs available in removal proceedings. This is because a visa must be immediately available to an alien or the Immigration Judge will issue a removal order. The forms of relief available in removal proceedings are waiver of misrepresentation of material fact, adjustment of status, asylum, cancellation of removal and voluntary departure.
Waiver of misrepresentation of material fact is a relief under the Immigration and Nationality Act that gives an Immigration Judge the discretion to forgive the fraud committed by an alien if the alien has more positive factors like long period of stay in the US, family ties and good moral character. An example of misrepresentation of material fact is when an alien first entered the United States on the basis of a petition as single son or daughter of permanent resident or US citizen but actually this alien is already married.
Adjustment of status in immigration court is available if an alien is the beneficiary of an approved visa petition and that visa is immediately available. A petition and adjustment of status can be filed simultaneously as long as the visa is immediately available while in removal proceedings. Getting married to a US citizen while is removal proceedings is subject to higher standard of proof.
Asylum is a relief in removal if the alien has a claim of threat to life or bodily harm and persecution based on race, political opinion, nationality, religion, membership in a social group. Example of this claim is persecution by the government to certain classes of people.
Cancellation of removal is available to certain immigrants and non-immigrants. Example is when a permanent resident committed a crime that is not considered aggravated felony. An immigration judge may grant a cancellation of removal if he or she has been a permanent resident for five years or more and has been in the US for seven years or more. A non immigrant may request cancellation of removal in immigration court if he or she has been continuously residing in the United States for a period of ten years and the qualifying relative will suffer unusual and extreme hardship if the alien in deported.
A voluntary departure is a relief when none of the above will apply to the alien. This will mean that the alien will go back to his or her home country.
Note: This is not a legal advice.
Immigration news
• On January 25, 2011, received an approval of a self-petition by a battered spouse. Her entry with a different name was forgiven.
• On December 23, 2010, we received an approval from the Immigration Court for a waiver of misrepresentation for an alien who entered as single but actually married.
• On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
• Abused spouse of US citizen or permanent residents can self petition even if there is a problem with the entry documents such as C or D visa or entry without inspection or assumed name.
• Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened.
Bankruptcy news
• Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.
• Bankruptcy will stop foreclosure actions. If your trustee sale date is 10 days before, you can still file for bankruptcy.
• If your salary is being garnished, you have a court case about debts or you are being harassed by creditors, bankruptcy can stop garnishment, court cases, harassing creditors and eliminate the debt.
• Bankruptcy is cheaper, faster and safer than debt settlement which has no guaranteed success.
• Preserve your health, eliminate stress and live a happy life by eliminating your debts which is the root of all problems.
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Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.
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