Adjustment of Status is a form of relief that allows a non-immigrant to change their legal status to that of a lawful permanent resident or a green card holder under the Immigration and Nationality Act (INA) Section 245. In the context of removal proceedings, this is typically done following the approval of Form I-130, Petition for Alien Relative.

Form I-130 is a visa petition filed by an immediate relative that is a U.S. citizen, such as a spouse, parent, or child. However, other categories of individuals can file Form I-130 petitions. If you are in removal proceedings and have a pending Form I-130, it is important to inform your immigration attorney and the Immigration Judge.

Asylum offers protection to individuals in the U.S. who fled from persecution in their home country or would face future persecution if they return to their home country. Asylum affords these individuals legal status in the U.S. and allows them to work and live in the country and earn a green card in the future. Many criteria must be met to qualify for asylum. An experienced immigration attorney will help you review these requirements and determine if you are eligible for asylum.

For a Withholding of Removal status, you must prove that you will most likely be persecuted if you return to your home country. It is more difficult to obtain Withholding of Removal than to obtain asylum, and those who receive it benefit less than those who have been granted asylum. This type of undocumented immigrant will be legally allowed to live and work in the U.S. However, this person would be disallowed from applying for permanent residency or traveling outside the U.S. Speak to an experienced immigration attorney to learn more about Withholding of Removal.

This relief is for those who can prove that it is highly likely that their country’s government will torture them if they return to their home country. The reasons you would be tortured are unimportant, as it is only important to prove you will be tortured. This is similar to withholding since you will not be allowed to travel outside the U.S. — However, you can live and work in the U.S.

Cancellation of Removal for Non-Permanent Residents is a unique form of relief that can only be pursued in removal proceedings. It is a form of relief that can lead to a green card if granted by an Immigration Judge. This is done by submitting Form EOIR-42B, Application for Cancellation of Removal.

To qualify, you must prove that: (1) you have lived in the U.S. continuously for at least ten years, (2) that you are a person of good moral character, (3) that is removed from the U.S. will cause “exceptional and extremely unusual hardship” to a qualifying relative who is a U.S. permanent resident or citizen. These include spouses, children, or parents. You must also not have been convicted of certain crimes. There is a cap of 4,000 visas each year for Cancellation or Removal. It is very important to pursue this type of case with the assistance of an experienced immigration attorney.

If you are a lawful permanent resident or green card holder, you may be eligible for cancellation of removal for permanent residents if you are in removal proceedings. This is a discretionary application that an Immigration Judge may grant if you demonstrate that: (1) you have been a lawful permanent resident for at least 5 years, (2) you have resided continuously in the U.S. for at least 7 years, and (3) you have not been convicted of an aggravated felony. The Immigration Judge will also consider all the positive equities you have in the U.S., such as your length of residence, family ties, and employment history, among many other factors. The Immigration Judge will also consider negative factors in your case, such as your criminal history and immigration violations. By conducting a balancing test of the positive factors and negative factors, the Immigration Judge will decide whether you should be permitted to remain in the U.S. as a green card holder or if you should be removed from your home country.

Victims of domestic violence and emotional abuse by a U.S. or lawful permanent resident spouse or parent may have relief in the form of Cancellation of Removal under the Violence Against Women’s Act. A person may also qualify if they are a non-abusive parent of a child who is or was subjected to domestic violence or extreme cruelty by a U.S. citizen or lawful permanent resident parent. The parent herself need not be abused.

An immigration judge can only grant cancellation under VAWA once a battered immigrant has been placed in removal proceedings. If an immigration judge grants the application for cancellation of removal, then a green card is given. If the judge denies the application, an order of removal will be issued. Given the potential for deportation associated with applying for cancellation of removal before an immigration judge, victims of abuse must hire an experienced immigration attorney, so they may effectively present a claim under VAWA if eligible. To qualify for cancellation under the Violence Against Women Act (VAWA), you must prove your physical residence in the U.S. for at least three years, be of upstanding moral character, show extreme hardship to yourself if you are not able to remain in the U.S., and have been physically battered or been treated with extreme cruelty.

To qualify for the NACARA Special Rule Cancellation, very specific requirements must be met. You must be from certain countries and show that you have applied for asylum previously or that you are qualified to apply for reopening previous removal documentation under the LIFE Act.

Voluntary departure allows you to leave the U.S. without damaging your reputation as an immigrant or dirtying your immigration record with a deportation record. Having been deported will negatively affect your record and make it more difficult for you to apply to return to living in the U.S. in the future. This option is more of a last resort than the other options available.

A deferred action status will suspend your case to designate you as having no legal status but also not allowed to be deported. This prevents the government from making attempts to deport you. Those who would normally qualify for the DACA immigration program should consult with an immigration attorney to determine their eligibility for prosecutorial discretion.