Deportation and Removal Defense 

Asylum

You may be able to obtain asylum if you establish that you are unable to return to your home country because of past persecution or a well-founded fear of future persecution based on a protected ground, such as religion, nationality, membership in a particular social group, or political opinion. 

Withholding of Removal

Like asylum, withholding of removal protects immigrants fleeing persecution on account of a protected ground, such as religion, nationality, membership in a particular social group, or political opinion, but requires a higher standard of proof. 

Protection Under the Convention Against Torture

You may be able to remain in the United States via protection under the Convention Against Torture (CAT) if you establish it is more likely than not that you will be tortured upon return to your home country. 

Adjustment of Status

You may be able to obtain a lawful permanent resident status or Green Card through adjustment of immigration status if you entered the United States legally (e.g., tourist visa, religious visa, fiancé visa, student visa, H1B, J1, etc.) or are covered under Section 245(i) of the Immigration and Nationality Act (INA). 

NACARA

Salvadoran, Guatemalan, Nicaraguan, and those from other eligible countries who applied for immigration relief in the past before particular years, depending on the country, in the United States, and have lived there for seven continuous years without leaving may be eligible for NACARA. Those eligible for NACARA may be able to, through an adjustment of immigration status, apply for a legal permanent residence or Green Card. 

Cancellation of Removal for Legal Permanent Residents (42A)

Cancellation of Removal may be available for lawful permanent residents who have resided in the United States for at least seven years after being lawfully admitted and are not convicted of an "aggravated felony." 

Cancellation of Removal for Non Permanent Residents (42B)

Cancellation of removal may be available for non-permanent residents if they have been continuously present in the United States for at least ten years, are persons of good moral character, have not been convicted of an offense that would make them removable, and if they demonstrate that removal would result in exceptional and extremely unusual hardship to their immediate family members who are either U.S. citizens or lawful permanent residents. 

Waivers

There are several immigration waivers (also known as immigration pardons). You may be eligible for a waiver or pardon if you have criminal convictions. The most common are the 212(h) and 212(c) waivers.

Board of Immigration Appeals

Immigration judges' decisions may generally be appealed to the Board of Immigration Appeals (BIA), the highest administrative body with authority to interpret Federal immigration laws. The BIA can dismiss or sustain the appeal, remand the case to the deciding Immigration Judge, or in some cases, refer the matter to the Attorney General for a decision. 

Motions to Reopen or Reconsider

You may move to reopen or reconsider a previous immigration judge's decision by filing a timely motion with an Immigration Judge or the BIA. 

Prosecutorial Discretion

U.S. Immigration and Customs Enforcement (ICE) has the power to choose who to arrest, detain, or deport in a particular case. This is called "prosecutorial discretion." If a case is already in immigration court, a case can potentially be dismissed without prejudice or administratively closed if prosecutorial discretion is exercised. ICE may also exercise prosecutorial discretion by agreeing to stipulate relief eligibility. 

Voluntary Departure

Voluntary departure allows a removable undocumented immigrant to depart the United States without a deportation order in their immigrant record. This may allow a return to the United States much sooner under certain circumstances. 

Temporary Protected Status (TPS)

TPS is a short-term protection for people from certain countries experiencing political or environmental upheaval. 

U Visa / T Visa

You may qualify for a U visa if you have been a victim of a serious violent crime, have suffered substantial physical or mental hardship, as a result, have been helpful, currently be helpful, or are likely to be helpful in the future to a law enforcement official. You may be eligible for a T visa if you have been a victim of severe trafficking. 

Other

If you are eligible for immigration relief or benefits with the 
United States Citizenship and Immigration Services (USCIS), you may be able to get your case dismissed or administratively closed in immigration court. For example, if you applied for a U visa or Special Immigrant Juvenile Status (SIJS) with USCIS, ICE may be willing to close your case while your applications are adjudicated. This may prevent deportation, at least until USCIS decides on your applications.