Practice Areas

Relief from Removal

Available forms of relief from removal depend on many factors, such as whether the respondent is a legal permanent resident, whether he/she committed a crime, the length of time he/she has been in the U.S., etc. For more information about these types of relief, please visit the USCIS Web page. For information about our success in helping our clients obtain relief, please see our notable cases.

The following is a list of common types of relief:

Cancellation of Removal for Non-Lawful Permanent Residents (AKA: "The ten-year law"): requires ten years continuous physical presence in the U.S., good moral character, no convictions for certain crimes, and a showing of hardship to a spouse, parent or child who is a United States Citizen or a Lawful Permanent Resident

Cancellation of Removal for Battered Spouses or Children: requires three years continuous physical presence in the U.S., good moral character, no convictions for certain crimes, a showing of hardship to the applicant or his/her child or parent, and a showing that the applicant or his/her child has been battered or subjected to extreme cruelty by a U.S. Citizen or Lawful Permanent Resident spouse or parent

Suspension of Deportation (AKA: "the seven-year law"): for those proceeding under laws in place prior to April 1, 1997; must show seven years continuous physical presence, good moral character and extreme hardship to self and/or a spouse, parent or child who is a United States Citizen or Lawful Permanent Resident.

Cancellation of Removal for Lawful Permanent Residents: requires five years lawful permanent resident status, seven years residency in the U.S., and no convictions for aggravated felony crimes

Adjustment of Status to Permanent Residence: requires an approved and current petition for a green card; other accompanying forms are required; applicant must not be ineligible for a green card due to other reasons (e.g., criminal record).  For more information on green cards and citizenship: click here .

NACARA relief: for certain persons from Nicaragua, Cuba, El Salvador, Guatemala, and former Soviet Bloc countries. For more information: click here.

Asylum: requires a showing of past persecution, or a well-founded fear of future persecution, on account of race, religion, nationality, membership in a particular social group, or political opinion.  For more information on Asylum: click here .

Withholding of Removal: under INA section 241(b)(3), requires showing a likelihood of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion

Withholding of Removal under the Convention Against Torture: requires showing a likelihood of torture (inflicted either upon applicant or certain third persons) committed by anyone, with acquiescence of the government. For more information, please see our section on asylum.

Waivers: may be available for select offenses that render a person removable. As stated above, eligibility for relief often depends on the applicant's criminal record or other discretionary factors the Immigration Judge may consider.

Applications for relief must be well-documented, and organized in a manner to present the case as favorably as possible. Again, experienced lawyers should be consulted to make your case as strong as possible.

NOTE: THE IMMIGRATION COURT AND THE DEPARTMENT OF HOMELAND SECURITY ARE SEPARATE ENTITIES! THEY HAVE CONTROL OVER DIFFERENT AREAS OF IMMIGRATION LAW, AND OPERATE INDEPENDENTLY OF EACH OTHER.

The deportation and removal defense attorneys at Hill, Piibe & Villegas serve clients of all nationalities living in the Los Angeles, California area, including Riverside and Bakersfield and all of San Bernardino County, Orange County, San Diego County, Ventura County, and Santa Barbara County.

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