Generally, certain individuals who entered the United States with a visa and who have close relatives in the United States, such as parents, sons and daughters over the age of 21 and spouses, or individuals who qualify under Section 245i, as well as battered spouses and those eligible under NACARA or other special programs, may apply for adjustment of status to permanent residence. These individuals may all apply directly with the Immigration Service without being in proceedings. They are required to be persons of good moral character, among other qualifications. However, if they have committed an offense which is not major, they may be eligible for a waiver and may still be able adjust their status.
Voluntary Departure.
Most individuals have the privilege of applying for voluntary departure before the Court when they are in Removal/Deportation Proceedings. They may also request voluntary departure from the District Director of Immigration. The voluntary departure period will not exceed 120 days. Failure to depart during the period given or failure to pay a “departure bond” within five days of the decision of the Judge may result in severe consequences, including being deported and/or being barred from returning to the United States for several years.
Certain Other Forms of Relief
Temporary Protected Status, deferred enforced departure, deferred action, extended voluntary departure and withholding of removal are forms of relief that may available to individuals from certain countries and in certain circumstances. These do not give any permanent benefits and can be terminated, sometimes without notice, or in situations where the individual has committed a crime or an act that is considered by Immigration to constitute the elements of a crime involving moral turpitude.
Stay of Removal
This form of relief is extremely difficult to obtain. However, in certain circumstances it may be possible to obtain it from the Immigration and Border Enforcement (ICE), the Immigration Judge or the Board of Immigration Appeals.
