Possible Defenses to Deportation of an Undocumented Alien

If you are “undocumented” and you are in “removal” proceedings, a few legal defenses are available. These might make it possible for you to avoid being removed (deported).

In Removal Proceedings: Who Can Apply for Adjustment of Status Based on Family?

If you are undocumented but recently married a U.S. citizen or your Priority Date to immigrate through a family member has become current, you may be able to adjust status (get a green card) while in removal proceedings.

Green Card Through Cancellation of Removal (Non-LPR): Who Qualifies?

If you've lived in the U.S. for ten years, have good moral character, and meet other requirements, you may be able to defend against deportation and receive a green card.

How to Apply for Prosecutorial Discretion

Undocumented immigrants in removal proceedings have an opportunity to request that the case be closed as a low enforcement priority.

Applying for a Family-Based Petition and I-601A Waiver Instead of Cancellation of Removal

An I-601A waiver may be a better option than cancellation of removal.

Can I Be Granted Cancellation of Removal (Non-LPR) If My Qualifying Relative Child Turns 21?

Question I am in the U.S. illegally. I have lived here for about 12 years. A few months ago, I got caught by Immigration, and sent to immigration court. I do not have a lawyer yet. A volunteer lawyer at my first hearing told me that I might be able to apply for a green card through part of the law called

Voluntary Departure: Who Is Eligible?

If you are unlikely to succeed in any defense against removal from the U.S., voluntary departure may at least allow you to leave (on your own) with reduced consequences for your future immigration chances.

Why Request Voluntary Departure Instead of Removal?

If you have no hope of being allowed to remain in the U.S., but might want to return in the future, voluntary departure is a useful option.

Voluntary Departure: What Happens If You Don't Leave the United States?

Ignoring an order of voluntary departure can bring the same penalties as an order of removal, and more.

Cancellation of Removal for Green Card Holders: Who Is Eligible?

If you've spent a long time in the U.S. and meet other criteria, you may be eligible to avoid deportation.

How to Apply for Cancellation of Removal (LPR)

What to prepare and present to the job as evidence that you should not be deported from the U.S.

Applying for a Waiver of Alien Smuggling

If you risk losing your lawful permanent residence based on having helped others cross the U.S. border unlawfully, applying for a waiver may help you gain the right to remain.

Which Undocumented Persons Can Be Helped By Prosecutorial Discretion

An important warning before anything else: If you are an undocumented person in the U.S.

Arrest by ICE: How Can I Arrange to Protect My Child in the Event of Deportation?

Learn more about making custody arrangements for your child in the event you are arrested or deported.

Should I Go to My Regular Prosecutorial Discretion Appointment With ICE?

Dealing with the risk of arrest by immigration authorities during regular check-in appointment.

How to Apply for Prosecutorial Discretion

If you or someone you know is involved in immigration removal (or deportation) proceedings, you may consider requesting prosecutorial discretion. If successful, Immigrations and Customs Enforcement (ICE) will administratively close the case (technically “look the other way”) in order to allow the