Asylum
Restriction on Removal/Withholding of Removal Convention Against Torture (CAT)
Voluntary Departure
Cancellation of Removal
Section 212© Discretionary Waiver
Temporary Protected Status 
Release From Detention   
Good Moral Character & Relief from Deportation

ASYLUM
An asylum applicant must show that she or he has experienced past persecution or has a well-founded fear of future persecution on account of race, religion, national origin, membership in a particular social group, or political opinion. Persecution includes physical violence (including rape, torture, and assaults), threats of serious harm, detention and confinement, emotional/ psychological harm, deliberate imposition of substantial economic disadvantage, and severe and pervasive discriminatory measures. With certain exceptions, an applicant must file for asylum within one year of entry into the United States. Furthermore, there are numerous statutory and regulatory bars for asylum, which include "firm resettlement" (i.e. receiving an offer of permanent resident status from a safe third country before arriving in the U.S.) and past criminal activities. Asylum can be made as an affirmative application or as a "defensive" application once removal proceedings have been initiated. There are severe immigration consequences for filing a frivolous asylum application.  It is always advisable to seek legal counsel before completing and submitting an asylum application.

RESTRICTION ON REMOVAL/WITHOLDING OF REMOVAL
The U.S. may not remove an alien to a country if the Attorney General decides that there is a clear probability that the alien’s life or freedom would be threatened in that country because of the same five grounds applicable to asylum. Applicants for asylum are automatically considered for withholding of removal, but withholding of removal is more difficult to obtain and provides fewer, more limited benefits. However, in some circumstances, an alien may be eligible for withholding of removal but not asylum. This may occur where the applicant is barred from asylum due to the one-year rule, a criminal conviction, or firm resettlement.

CONVENTION AGAINST TORTURE (CAT)
Relief under the Convention Against Torture is available if there are "substantial grounds" for believing that a person is in danger of being tortured upon return to the country of removal. A person who is ineligible for asylum may qualify for relief under the Convention Against Torture, as persons with criminal convictions may qualify for protection and there is no requirement that the torture be on account of political opinion, religion, race, nationality, or membership in a particular social group. The remedy under CAT, however, is limited to "withholding of removal" or "deferral of removal."

VOLUNTARY DEPARTURE
Voluntary Departure allows a person a period of time in which to leave the United States without an order of removal. There are two forms of voluntary departure, each with its own rules. First, voluntary departure may be granted by the Attorney General prior to the conclusion of removal proceedings. Second, the immigration judge may grant voluntary departure at the conclusion of removal proceedings. The first form of voluntary departure is generally easier to obtain.

CANCELLATION OF REMOVAL
Cancellation of Removal is a discretionary form of relief. This means that even if the applicant meets all of the requirements listed below, the immigration judge may still deny the case in an act of discretion. In deciding whether to exercise discretion, the judge will balance the positive and negative aspects of the applicant’s life, referred to as “equities’.  Certain groups of people, such as those who have already received specific types of relief and those who have persecuted others, are ineligible for cancellation of removal. Cancellation is available for Lawful Permanent Residents, non-Lawful Permanent Residents, and Abused Spouses, Children and Parents.

SECTION 212(c) DISCRETIONARY WAIVER
Certain aliens with criminal convictions may be eligible for a discretionary waiver of deportation/ removal under INA §212(c). Although Congress repealed §212(c) in 1996, this discretionary form of relief remains available to some aliens who fall within certain exceptions carved by the courts.

TEMPORARY PROTECTED STATUS
Temporary Protected Status is available for people from countries that the U.S. government has determined are too dangerous to return to, or are unable to accept a large number of returning nationals. People with Temporary Protected Status are allowed to work in the United States while they have this status, but they must register with the government every year. 

RELEASE FROM DETENTION
It is difficult to pursue an asylum claim while in custody. Detained aliens can be released from custody under a bond amount set by the Immigration Service or the Immigration Judge or on conditional parole. If a bond is set by the Immigration Service, the respondent has a right to a bond re-determination hearing before an Immigration Judge. An appeal from the judge’s decision must be made to the BIA within ten days of the decision.

GOOD MORAL CHARACTER & RELIEF FROM DEPORTATION
A finding of good moral character is both a statutory and discretionary matter. The law relating to statutory ineligibility may be found in INA §101(f), 8 USC §1101(f).  Under INA §101(f), a person is statutorily ineligible for voluntary departure or other matters requiring good moral character for the requisite period for any of those forms of relief for being a habitual drunkard, practise polygamy, prostitution, smuggler, convicted of a crime involving moral turpitude, drug crime (except for simple possession of 30 grams or less of marijuana), multiple crimes( whether or not crimes of moral turpitude), a person whose income is derived principally from illegal gambling, aggravated felons.  Even in the absence of statutory ineligibility, an Immigration Judge may still find a person ineligible as a matter of discretion. This discretion may be based on criminal behaviour not leading to an automatic bar. The applicants’ general conduct, including the manner of entry into the US may be a factor in determining lack of good moral character. 

Ekaette Eddings Fountain Attorneys represent clients in all Asylum, Bond Hearing, Removal and Deportation Proceedings in Immigration Court and in Appellate Matters before the Board of Immigration Appeals and Federal and Circuit Courts in jurisdictions where our Attorneys are licensed to practice. Consult us to discuss what appeals are available to you. Appeals available are specific to your case and circumstance and can only be fully investigated, encompassed and appreciated after discussion with an experienced immigration attorney.  The following additional legal appeals can be made in your defence:-

Cancellations of Removal for Permanent Residents, Non-Permanent Residents, Abused Spouses & Children.

Suspension of Deportation

Adjustment of Status in Proceedings

NACARA Relief:- Cancellation of Removal & Suspension of Deportation for certain El Salvadorans, Guatemalans and Eastern Europeans.

Discretionary Waivers

Bond Determination/Re-determination

IMMIGRATION CONSEQUENCES OF CRIMINALACTIVITIES IN DEPORTATION PROCEEDINGS:- If you are a foreign national facing criminal issues in the United States of America, it is of the utmost urgency that your criminal attorney works with an experienced immigration attorney. Our immigration attorneys work with criminal lawyers to ensure your rights are protected. Immigrant crime cases present unique challenges and the wrong approach or plea in state or federal courts could spell dire consequences for your immigration status in the United States of America. Our Attorneys are available to consult with you as your prepare your criminal defence case. It is imperative you understand the immigration consequences of criminal activities in the United States of America as a visitor, worker or lawful permanent resident.  Our Attorneys are members of the American Association for Justice and well versed in litigation practice.