Deportation, also known as "Removal", is a legal proceeding in a U.S. immigration court to determine whether or not an immigrant may remain in the United States. Immigrants cannot be deported from the United States without first being given a deportation hearing. Those found to be deportable are forced to leave the United States, however, immigrants have the option to appeal their case. Those who are deported are barred from returning to the United States for at least five years. The maximum penalty is a permanent bar, precluding the alien’s return his or her entire life, unless a special waiver is granted.
The following are methods for gaining relief from deportation:
Cancellation of Removal (Legal Permanent Residents)
To qualify for Cancellation of Removal the immigrant must satisfy the following:
Legal Permanent Resident for at least five years;
Continuous resident of the United States for at least seven years;
Never been convicted of an aggravated felony; and
Not a security risk to the United States.
Cancellation of Removal (Non Permanent Residents)
To qualify for Cancellation of Removal the immigrant must satisfy the following:
Have a physical presence in the United States for a continuous period of ten years prior to the removal hearings;
Be of good moral character for ten years;
Not a security risk to the United States, nor deportable under criminal grounds or marriage fraud or failure to register and falsification of documents; and
Removal would result in extremely unusual hardship to the spouse or parent who is a U.S. citizen or a Legal Permanent Resident.
Section 212(C) Waiver of Deportation (Legal Permanent Residents)
Section 212(c) provides relief for those who maintained residency in the U.S. for seven consecutive years. This provision is still in effect if the non-citizen is deportable or removable as a result of guilty pleas, particularly those pleas taken prior to April 24, 1996. Otherwise, the more strict standards of Cancellation of Removal apply.
To be eligible for Section 212(c) relief, a Legal Permanent Resident must satisfy the following:
Have seven years of Lawful Permanent Residence in the United States;
Pled guilty to a crime before April 24, 1996; and
Have not been convicted of any aggravated felony, for which he/she was in jail or prison for five years or more.
Asylum
An alien might be able to avoid removal by applying for asylum. To qualify for asylum the alien must prove a well-founded fear of persecution upon returning to his or her home country. The cause of this fear must be based on political opinion, religious belief, nationality, race, or membership in a particular social group. After one year as an asylee, the alien may be eligible to apply for a “Green Card.”
Restriction/Withholding of Removal
Withholding of Removal requires the alien to show a clear probability of persecution or that it is more likely than not that the alien would be persecuted if removed to the home country. If granted, the alien may remain in the United States, although it is not a path to Legal Permanent Residency.
Convention Against Torture
Under the Convention Against Torture, a person may not be returned to a country where there are substantial grounds for believing that the person would be in danger of being subjected to torture if returned. If granted the alien may not be removed to the home country but may be removed to a third country if one is available. If granted, the alien may remain in the United States, although it is not a path to Legal Permanent Residency.
Adjustment of Status
An immigrant might be able to avoid deportation by applying for an Adjustment of Status. A deportable immigrant who is the child, parent, spouse, or widow of a U.S. citizen may be eligible to apply to the judge to adjust his or her status to that of a Legal Permanent Resident. An immigrant whose priority dates for permanent residence are current may also receive an adjustment of status. A spouse or child of the principal asylee may adjust to permanent residence status at the same time as the asylee, unless the asylee becomes divorced before final adjustment or a child marries, however, the divorced spouse or married son or daughter retains his or her status as asylees. (A child who turns 21 years of age while the Petition to Adjust Status is pending retains his or her status as a child under the Child Status Protection Act as long as the child remains unmarried.) An immigrant who has an approved labor certification may adjust his or her status to that of legal permanent resident.
Violence Against Women Act (VAWA)
The Violence Against Women Act (VAWA) provides increased protection for immigrant women and child(ren) who are victims of domestic abuse by allowing them to remain in the United States. This act relaxed certain standards of Cancellation of Removal for battered immigrant women who are the spouses of a U.S. citizen or Legal Permanent Resident. For example, the amount of time required for being physically present in the United States was reduced to three years. Furthermore, it allows immigrant women to get a “Green Card” even if they divorced the abusing spouse without satisfying the two years conditional period requirement.
U Visa
The U Visa was created under the Victims of Trafficking and Violence Prevention Act (VTVPA) which provides nonimmigrant status to crime victims that have gathered the courage to cooperate with government officials and assist in the investigation or prosecution of the crime. This relief is intended for aliens who have suffered substantial physical and mental abuse resulting from a broad range of criminal activity listed in the legislation, including victims of domestic violence. The U Visa enables applicants to stay legally in the United States and obtain employment authorization; as well as, possibly adjust status to permanent residence after three years. In addition, certain spouses, child(ren), parents and siblings of U Visa applicants may qualify for derivative status.
Deportation, also known as "Removal", is a legal proceeding in a U.S. immigration court to determine whether or not an immigrant may remain in the United States. Immigrants cannot be deported from the United States without first being given a deportation hearing. Those found to be deportable are forced to leave the United States, however, immigrants have the option to appeal their case. Those who are deported are barred from returning to the United States for at least five years. The maximum penalty is a permanent bar, precluding the alien’s return his or her entire life, unless a special waiver is granted. 
Section 212(c) provides relief for those who maintained residency in the U.S. for seven consecutive years. This provision is still in effect if the non-citizen is deportable or removable as a result of guilty pleas, particularly those pleas taken prior to April 24, 1996. Otherwise, the more strict standards of Cancellation of Removal apply.
An immigrant might be able to avoid deportation by applying for an Adjustment of Status. A deportable immigrant who is the child, parent, spouse, or widow of a U.S. citizen may be eligible to apply to the judge to adjust his or her status to that of a Legal Permanent Resident. An immigrant whose priority dates for permanent residence are current may also receive an adjustment of status. A spouse or child of the principal asylee may adjust to permanent residence status at the same time as the asylee, unless the asylee becomes divorced before final adjustment or a child marries, however, the divorced spouse or married son or daughter retains his or her status as asylees. (A child who turns 21 years of age while the Petition to Adjust Status is pending retains his or her status as a child under the Child Status Protection Act as long as the child remains unmarried.) An immigrant who has an approved labor certification may adjust his or her status to that of legal permanent resident.