Nothing can match the stress you feel when you receive a Notice to Appear (NTA). This does not mean that facing an immigration judge will mean immediate removal. Understanding your options is helpful in assessing which pathway best fits your situation.
Qualifying for the Cancellation of Removal
You may qualify for the Cancellation of Removal defense if you have lived in the United States for a long time. However, you must prove these factors:
- You lived in the country for at least 10 continuous years.
- You have exhibited good moral character during that window.
- Your deportation will cause exceptional and extremely unusual hardship to a spouse, parent or child who is a U.S. citizen or green card holder.
Proving these factors can be a high legal bar. You need to present objective evidence, especially on how your family relies on you for medical, financial or psychological support.
Seeking safety through asylum
Seeking asylum in the U.S. means showing that you face harm based on your race, religion, nationality, political opinion or membership in a particular social group. Generally, you must file for asylum within one year of arriving in the United States, though rare exceptions exist if your circumstances have changed.
Why you should not walk this hardship alone
Immigration law has nuances that require legal precision. Although you have options, these may not be available depending on your circumstances. You can still seek legal advice from an experienced attorney to learn more about what you can do. They can assess your case and provide insights on a possible defense you may use on the hearing.