Asylum
Asylum is available to those that have suffered persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion. Asylum applications must be submitted within one year of arrival to the US, barring exceptional or changed circumstances. If granted Asylum, a person may obtain a green card and,eventually, citizenship. Asylum seekers may also be granted work authorization if 180 days have passed since their application was received and no decision has been made.
Withholding of Removal
Withholding of removal is a special type of order issued by an immigration judge to a person who establishes more than a 50% chance that they will be persecuted in their home country on account of their race, religion, nationality, membership in a particular social group, or political opinion. Like asylum, withholding of removal protects a person from being deported to a country where they fear persecution. However, withholding of removal is not made in the discretion of the immigration judge and does not require the application to have been submitted within one year of the applicant’s entry to the United States.
Withholding of removal can only be granted by an immigration judge during a removal hearing, while asylum can be granted by an asylum officer or immigration judge. Withholding of Removal requires a yearly work authorization fee, and recipients cannot travel outside of the United States.
Convention Against Torture
Protection from removal under the Convention Against Torture, also known as CAT, is an extremely rare defense from removal that an immigration judge grants for people who fear torture in their home country. To qualify, an applicant must establish a clear probability (more than a 50% chance) that they will be tortured either directly by or with the acquiescence of the government of their country if forced to return. This form of relief is extremely rare, and only about 2-3% of all applications for CAT are granted across the country.
People who are ineligible for Asylum and Withholding of Removal apply for CAT because,in contrast to Asylum and Withholding of Removal, if an individual has been convicted of a “particularly serious crime” in the United States he can still obtain CAT. People who have been sentenced to a combined total of 5 or more years of imprisonment for convictions for “aggravated felonies,” and people who have criminal convictions related to selling drugs are almost always considered to have committed a particularly serious crime.
Registry
This form of relief allows a person who has been in the US since January 1, 1972 to obtain a green card. Generally, one must prove entry to the United States prior to January 1, 1972 and continuous residence in the United States since entry to obtain this benefit.
Cancellation of Removal
Non-residents in removal proceedings may apply for Cancellation of Removal if they have been continuously present in the United States for at least 10 years before the issuance of a Notice to Appear. They must also establish that removal would cause an “exceptional and extremely unusual hardship” to qualifying relatives who are US citizens or lawful permanent residents.Finally, applicants must prove that they have good moral character and have not been convicted of certain crimes.
Exceptional and extremely unusual hardship can be quite difficult to prove.It is not enough to show that a U.S. citizen or LPR relative would suffer financially, emotionally, and physically. The applicant must prove that the qualifying relative would suffer to a degree that goes above and beyond the type of suffering that would normally be expected when a close relative is deported.
To be approved for non-LPR cancellation, applications must show they have 7 years of continuous presence in the United States, and that they were a lawful permanent resident for at least five of those years. They cannot have been convicted of an aggravated felony or received their green card through cancelation of matter. Finally, applicants must demonstrate the positive equities in their case outweigh the negative.
Adjustment of Status
There are many different ways a person can adjust status. Requirements for adjustment of status differ depending on the category. Lawful permanent residency can be obtained through Family, Employment, Special Immigrant, Refugee/Asylee Status, Human Trafficking and Crime Victims, Victims of Abuse, Registry, and various other ways.