California residents who are faced with deportation and removal proceedings may benefit from understanding the different legal protections available that may help them avoid removal from the country. Several sections of the Immigration and Nationality Act (I.N.A.), including section 240A(b) along with several other avenues, provide immigrants with a variety of legal options to help their situation. While fighting deportation is not an easy task, it may give some immigrants comfort to know there are legitimate ways to help avoid it.
A Cancellation of Removal can be granted to both lawful permanent residents and non-permanent residents. Applications for Cancellation of Removal are submitted during deportation and removal proceedings. If certain requirements are met, an immigration judge may approve the cancellation and adjust the immigrant’s status appropriately. For those who are non-permanent residents, section 240A(b) of the I.N.A. can help achieve this. Specific details regarding non-permanent residents and section 240A(b) can be found on the U.S. Citizenship and Immigration Services webpage.
Other options for avoiding removal include discretionary relief, asylum, voluntary departure and adjustment of status. Each of these require that certain qualifications be met before they can be granted. Some require further court proceedings, while others are more administrative in nature.
Removal proceedings can be intimidating to work through alone. With several legal options open to immigrants to help avoid removal, like the protections offered in section 240A(b) of the I.N.A. and many others, it can be difficult to know the best course of action to pursue. Immigrants in California do have the right to legal counsel, who may be able to offer valuable insight to help them get through this trying situation.
Source: FindLaw, “Avoiding Removal“, Oct. 29, 2014