Deportation Relief Alternatives: Exploring Options Beyond 212(c) Waiver

The Basics: Citizenship and Green Card
Types of Deportation Relief
Cancellation of Removal
Asylum and Withholding of Removal
U Visa
T Visa
Special Immigrant Juvenile Status (SIJS)
Temporary Protected Status (TPS)
NACARA (Nicaraguan Adjustment and Central American Relief Act)
Legal References: Immigration and Nationality Act (INA) and Code of Federal Regulations (CFR)
Prosecutorial Discretion as an option
Conclusion and the importance of exploring alternative relief options

Introduction 212(c) Waiver

As an immigration and criminal defense attorney with extensive experience in New York and New Jersey, I understand the challenges that individuals facing deportation may encounter. One of the commonly sought-after forms of relief from deportation has been the 212(c) waiver. However, in this article, we will explore alternative options beyond the 212(c) waiver. We will discuss various forms of relief available to individuals facing deportation proceedings in the United States.

Understanding the Basics

Before delving into alternative relief options, let’s establish a foundation by defining some key terms:

Citizenship

Citizenship refers to the legal status of being a member of a particular country, with all the accompanying rights and responsibilities.

Green Card (Lawful Permanent Resident Status)

A Green Card, or lawful permanent resident status, grants an individual the right to live and work permanently in the United States.

Types of Deportation Relief

Now, let’s explore various avenues for relief from deportation:

1. Cancellation of Removal

Cancellation of removal is available to both lawful permanent residents and non-lawful permanent residents.
Eligibility criteria include continuous physical presence in the U.S. for a specified period, good moral character, and the demonstration of exceptional and extremely unusual hardship to qualifying relatives.

2. Asylum and Withholding of Removal

Individuals can seek asylum or withholding of removal if they fear persecution in their home country based on their race, religion, nationality, political opinion, or membership in a particular social group.
Asylum is applied for affirmatively, while withholding of removal is a defensive form of relief.

3. U Visa

Victims of certain crimes who have cooperated with law enforcement may be eligible for a U visa, which grants temporary legal status and the possibility of adjustment to permanent resident status.

4. T Visa

Victims of human trafficking may qualify for a T visa, which provides temporary legal status and potential eligibility for a Green Card.

5. Special Immigrant Juvenile Status (SIJS)

SIJS is available to unmarried individuals under 21 years old who have been abused, neglected, or abandoned by one or both parents and have a valid court order.

6. Temporary Protected Status (TPS)

TPS is granted to individuals from countries facing environmental disasters, armed conflict, or other extraordinary conditions that make it unsafe to return.

7. NACARA

The Nicaraguan Adjustment and Central American Relief Act (NACARA) provides relief to individuals from certain Central American and Caribbean countries.

Legal References

To better understand these relief options, it’s important to refer to specific laws and regulations. Some relevant legal references include the Immigration and Nationality Act (INA) and the Code of Federal Regulations (CFR).

In addition to the relief options mentioned in the article, it is important to also consider the option of prosecutorial discretion. Prosecutorial discretion allows immigration authorities to prioritize certain cases for enforcement or to exercise discretion in pursuing removal proceedings. This can be particularly beneficial for individuals who may have compelling humanitarian factors that warrant discretion, such as medical conditions or strong community ties. By exploring the possibility of prosecutorial discretion, individuals facing deportation may have the opportunity to have their cases reviewed and potentially halted, providing them with an alternative avenue to relief.

Conclusion

While the 212(c) waiver has historically been a sought-after form of relief from deportation, it’s essential to be aware of alternative options. Depending on an individual’s circumstances and eligibility, various relief avenues exist, from cancellation of removal to specialized visas and statuses. As an experienced immigration and criminal defense attorney, I have witnessed the transformative impact of these alternative relief options on the lives of my clients. By exploring these alternatives, individuals facing deportation can better navigate the complex immigration system and work towards achieving legal status in the United States.

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