If I am Facing Deportation/Removal Proceedings, What Options do I Have?


If I am Facing Deportation/Removal Proceedings, What Options do I Have?

Arizona immigration lawyer, Phoenix deportation help, immigration law Arizona, Ariano and Reppucci Immigration Lawyers

If you have been arrested and are facing removal proceedings by U.S. Customs and Enforcement (ICE), there are various forms of relief that may help you remain in the U.S.

If you are a U.S. Citizen you don’t have to worry about being deported because you can’t be. Sometimes people are unaware that they are in fact U.S. citizens based on a relationship to a family member. If you are a U.S. citizen you should notify the Immigration Judge immediately.

One form of relief available to those facing removal proceedings is cancellation of removal. You may be eligible for cancellation of removal if satisfy the following requirements:

1. Permanent resident (green card) for at least 5 years, and

2. Lived in the U.S. continuously for 7 years after having been admitted to the U.S., and

3. No aggravated felony conviction(s)

You may be eligible for cancellation of removal even if you never had a green card if:

1. You have been physically present in the U.S. for 10 years, and

2. You have maintained good moral character during that time, and

3. Your deportation would cause ‘exceptional and extremely unusual’ hardship to your U.S. citizen or lawful

permanent resident spouse, parent or child

Most criminal convictions would render you ineligible for this relief because you cannot demonstrate good moral character.

There are a couple waivers available to those facing removal proceedings. Under the section 212(c) waiver, if you pled guilty to a crime before April 24, 1996, your criminal conviction may be waived. In order to qualify you must satisfy the following:

1. Permanent resident (green card), and

2. Lived in the U.S. lawfully for 7 years, and

3. Not served 5 years or more in prison for an aggravated felony

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Christopher Ariano, Ariano and Reppucci PLLC | Attorney Advertising

Written by:


Ariano and Reppucci PLLC on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.