Defenses to Deportation

Adjustment of Status in-court means obtaining one’s lawful permanent residency (green card) while in removal proceedings. Under certain circumstances, foreign nationals with approved or pending immigrant visa petitions filed by qualifying family members or by employer sponsors may obtain lawful permanent residence in the U.S. by submitting their applications for adjustment of status (lawful permanent residence) to the Immigration Court.

Both Lawful Permanent Residents (LPR) and individuals without any valid immigration status in the U.S. may present Cancellation of Removal as a defense against deportation. If granted, an undocumented person may become an LPR. For LPRs, they will be able to maintain their green card status in the United States.

For LPRs, they will need to prove:

1. at least five years of permanent residence status;
2. seven years of physical presence; and
3. that they are not deportable due to certain criminal convictions.

Persons without any lawful immigration status must show:

1. that they have lived in the United States for at least ten years;
2. that they are persons of “good moral character”; and
3. that their removal will result in “extreme or unusual hardship to qualifying U.S. citizen or LPR family members.”

Both sets of individuals must also show that they merit a positive exercise of discretion by the Immigration Judge. Note that certain criminal convictions may render an individual ineligible for relief.