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How can an immigrant avoid removal?

On Behalf of | Oct 16, 2018 | US Immigration Law

It can take much time and effort for an immigrant to leave their home country and venture to America. The goal may be to remain in the U.S. for an extended period of time, or possibly, make it their new home. No matter what the end goal may be, immigrants coming into the country at Illinois or any other state must follow certain requirements to remain in the country legally. And if these are not met or an immigrant does not comply with the rules, deportation and removal is possible.

How can an immigrant avoid removal? If it is determined that an immigrant is removable, he or she may be eligible to apply for relief. There are two categories of relief. The first is discretionary relief and the other is administrative or judicial relief.

Discretionary relief is available when the removal proceedings are being conducted. The immigrant has the burden of proof of showing that they are eligible for relief under the law, and they deserve such a relief. Cancellation of removal, adjustment of status and seeking asylum are two common ways to obtain discretionary relief if the immigrant applying for such relief is eligible.

With regards to administrative or judicial relief, these options occur after the removal hearings have ended. This relief is similar to an appeal, as they seek to overturn or challenge the order issued by an immigration judge.

If an immigrant is seeking to avoid deportation and removal, it is important that they fully understand their situation and what rights are afforded to them. This means considering ways to stop the removal proceedings or ways to challenge any decisions or orders for removal.

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