Removal proceedings are hearings where a judge concludes whether a non-U.S. citizen can continue living in the United States. Understandably, the possibility of facing these can be highly stressful. But it is essential to know that there are various kinds of relief from removal that non-citizens can qualify for. During the removal proceedings (and before a conclusion has been reached), the Immigration Judge (IJ) needs to inform the non-citizen if they appear to meet the requirements for any of them.
You should learn about some of the avenues available to you to limit your chances of having to experience removal proceedings. Though a judge will tell you if you are eligible for relief from removal, you should not rely on that. They simply don’t know your life, family, and situation as well as you do. One of the most common forms of relief is Adjustment of Status. The following section will explain what it is and how it can keep you inside the U.S.
Adjustment of Status
While someone is living in the United States, they are legally allowed to have their status changed from being a non-U.S. citizen to a legal permanent resident (green card holder). In other words, non-U.S. citizens do not have to return to their countries of origin to initiate immigration proceedings. Another significant benefit of this law is that non-citizens can remain in the country while their Adjustment of Status is processed. During that time, the original visa that allowed them to enter the country may expire—but that won’t cause deportation.
One way to obtain an Adjustment of Status is by going through a family member. These family members include spouses, parents, and even children (in some circumstances) who may petition for the non-citizen. This is known as family-based immigration. It enables a non-citizen to begin the immigration process because they have a family member who can sponsor them. It is important to understand that any family member who wishes to petition on behalf of a non-citizen needs to be a citizen or legal permanent resident.
Anyone admitted to the U.S. as a refugee or was granted asylum may also be eligible to sponsor the non-citizen. Although you should strongly consider speaking with an immigration attorney for assistance, these petitions are typically done through an I-130 Form.
Csépes Law Offices
At Csépes Law Offices, we are dedicated to helping our clients navigate the complexities of family-based immigration. We understand how complex the immigration process may seem, but we will work through it with you, one step at a time. For more information, contact us today to schedule a complimentary consultation.
Csépes Law Offices
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