In removal/deportation proceedings

This sections deals with individuals who have been placed in proceedings by either the former INS or DHS. The following are usually the last options to stay inside the United States.

  1. Cancellation of Removal-Requires a person to be in the United States for at least 10 years, have good moral character [no criminal record] & proof that their departure would cause extreme & exceptionally unusual hardship to an immediate relative Permanent resident or U.S. citizen. It is not an easy immigration benefit to pursue while in removal proceedings.

  2. Suspension of Deportation-Rare, but this benefit only applies to people who had removal proceedings pending before 1996. This was the immigration benefit prior to Cancellation of Removal before the 1996 immigration laws were passed. The benefit was relatively easier to attain than cancellation of removal since the general requirements were easier to attain. They were 7 years continual presence in the United States, good moral character & proving extreme hardship to yourself or your legal permanent resident or citizen immediate relative.

  3. U.S Asylum-Not an easy benefit to acquire, but if you have a well rounded fear of your country of citizenship based on nationality, race, religion, political opinion or membership in a particular group then you should check out this benefit with your attorney.

  4. CAT[Convention Against Torture]-Similar in scope to asylum but with harsher requirements & possibly the most difficult immigration benefit to acquire in this glossary. The requirements showcase there must be an extreme form of cruel and inhuman punishment which causes severe pain or suffering in order to successfully acquire this benefit.