Relief from removal: the main options in immigration courtRelief from Removal in Immigration Court: An Overview

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Once you receive a Notice to Appear (NTA), the immigration court has to answer two questions. First, are you removable (removability), meaning are DHS's charges sustained? Second, if you are removable, are you eligible for some form of relief from removal, and do you deserve it? Many people focus only on the first question, but in the great majority of cases the outcome turns on the second.

This page compares the most common forms of relief in immigration court side by side, so that you and your family have an overall picture before meeting with an attorney. Each form of relief has its own legal requirements, forms and evidentiary burdens, and immigration court procedures and policies have changed quickly over the past two years. The content below is current as of October 2026; any individual case must be evaluated by an attorney in light of your entry records, Notice to Appear, family situation and criminal record.

The main forms of relief at a glance

The table is only a summary. Each form of relief has additional statutory bars (for example, certain crimes, having previously received the same kind of relief, or security grounds), and for nearly every form of relief the judge can grant it only after background checks and biometrics are completed.

Three concepts to understand first: eligibility, burden of proof and discretion

Eligibility is the threshold set by statute, such as "10 years of continuous presence" or "5 years as a green card holder." Under INA 240(c)(4) and 8 CFR 1240.8(d), the person applying for relief bears the burden of proving that they meet every statutory requirement; if the evidence indicates that a statutory bar (such as a particular crime) may apply, the applicant must also prove by a preponderance of the evidence that the bar does not apply.

Evidence determines whether the judge can find that those requirements are met. Time in the U.S. is proven year by year with leases, tax returns, and bank, medical and school records; hardship is proven with medical records, psychological evaluations, school records and country-conditions materials; asylum depends on the applicant's credible testimony and whatever corroboration can be obtained. The judge will assess the credibility of the testimony, and inconsistencies, or contradictions with the documents, are often the direct reason a case fails.

Discretion is the step after eligibility, where the judge weighs the positive and negative factors and decides whether to grant relief. Cancellation of removal, asylum, adjustment of status, the various waivers and voluntary departure are all discretionary forms of relief. Positive factors usually include length of residence in the U.S., family ties, work and tax history, community contributions and evidence of rehabilitation; negative factors include criminal records, immigration violations, misrepresentations and the like (the BIA laid out these kinds of considerations in precedents such as Matter of C-V-T- (1998)). By contrast, withholding of removal and CAT protection are protections the judge "must grant" when the requirements are met, not matters of discretion, but their standard of proof is higher.

Cancellation of removal for green card holders (INA 240A(a), EOIR-42A)

A green card holder charged as removable because of crimes, fraud or other grounds can apply to keep the green card. The statutory requirements are: lawful permanent residence for 5 years; 7 years of continuous residence in the United States after being admitted in any status; and no aggravated felony conviction. The 7 years are also limited by the "stop-time rule" (INA 240A(d)(1)): the clock stops when you are served with a Notice to Appear or when you commit certain offenses listed in INA 212(a)(2) that render you inadmissible or removable, whichever comes first.

Once the requirements are met, the judge weighs everything together: the nature and seriousness of the offense, when it occurred, evidence of rehabilitation, family and work in the United States, the impact on family members, and so on. This form of relief has no statutory hardship threshold, but showing that "the positive factors outweigh the negative" requires solid supporting evidence, such as testimony from family members, employer letters, and treatment or recovery records. A person can receive cancellation of removal (or, under prior law, suspension of deportation or a 212(c) waiver) only once in a lifetime. See the EOIR-42A guide, and for analysis of criminal records see Criminal records and immigration consequences.

Cancellation of removal for non-green card holders (INA 240A(b)(1), EOIR-42B)

This is the source of the popular idea that "after 10 years you can get a green card," but in reality four requirements must all be met: 10 years of continuous physical presence in the United States; good moral character during that period; no convictions listed in INA 212(a)(2), 237(a)(2) or 237(a)(3); and removal would cause "exceptional and extremely unusual hardship" to a U.S. citizen or green card holder spouse, parent or child (generally an unmarried child under 21). The hardship must fall on these qualifying relatives; hardship to the applicant personally does not count.

The hardest part is the hardship standard: family separation, reduced income and fewer educational opportunities are usually not enough on their own. The judge looks at whether the qualifying relatives' health, special needs, degree of dependence on the applicant and similar factors go "substantially beyond" the ordinary situation. The 10 years are also limited by the stop-time rule, which stops the clock when you receive a complete Notice to Appear stating the time and place of the hearing (see our explanations of Pereira and Niz-Chavez). In addition, no more than 4,000 people can be granted per fiscal year, and once the numbers run out the judge may reserve the decision to grant. See the EOIR-42B guide.

VAWA special rule cancellation of removal (INA 240A(b)(2))

A person who has been battered or subjected to extreme cruelty by a U.S. citizen or green card holder spouse or parent (and certain parents of abused children) can apply for "special rule cancellation," which has more lenient requirements: 3 years of continuous physical presence (issuance of a Notice to Appear does not interrupt these 3 years), good moral character during that period, no specified criminal or security grounds, and removal would cause extreme hardship to the applicant, the applicant's child or the applicant's parent.

The evidence in these cases often involves police reports, protective orders, medical records, psychological evaluations and witness statements, and the applicant's account of what happened needs to be handled with care. Survivors of domestic violence may also have other avenues, such as a VAWA self-petition (I-360) or a U visa, which should be evaluated at the same time.

Asylum, withholding of removal and Convention Against Torture (CAT) protection (I-589)

All three protections are requested on Form I-589, but their standards and effects differ. Asylum requires showing persecution, or a well-founded fear of persecution, on account of race, religion, nationality, membership in a particular social group or political opinion. Once granted, you can work, petition for your spouse and unmarried children to join you, and apply for a green card after one year. As a rule, the application must be filed within 1 year of your last arrival (INA 208(a)(2)(B)); exceptions exist for "changed circumstances" or "extraordinary circumstances," but you must file within a reasonable period and prove the exception. Asylum also has several statutory bars, such as having been firmly resettled in a third country or having committed a serious crime.

Withholding of removal (INA 241(b)(3)) has no 1-year deadline, but you must show that persecution is "more likely than not" if you are returned, a higher standard than for asylum; once granted, it only prevents removal to that country, cannot lead to a green card and does not cover family members. CAT protection does not require one of the five grounds; you must show that it is more likely than not that you would be tortured by, at the instigation of, or with the consent or acquiescence of a public official. People barred from other protection because of crimes may be limited to CAT "withholding of removal" or "deferral of removal" (deferral).

Common types of claims by applicants from China, for example, include religious belief (such as unregistered house churches or banned faith groups), political opinion (such as participation in pro-democracy or rights-defense activities, or critical statements made abroad) and persecution related to family planning (INA 101(a)(42) expressly treats persecution for resisting coercive population control as persecution on account of political opinion). But the type of claim does not decide the outcome: the judge looks at your own specific experiences, whether your testimony is credible and consistent, whether there is corroboration, recent country conditions, and whether any bars apply. We do not make promises about the outcome of any asylum case.

Recent changes that deserve special attention (verified as of October 2026):

• Denial without a full hearing (pretermission): In Matter of H-A-A-V-, 29 I&N Dec. 233 (BIA 2025), the BIA held that when an applicant's claimed facts, viewed in the light most favorable to the applicant, still do not establish a prima facie claim for asylum, withholding of removal or CAT protection, the judge may deny the application without a full evidentiary hearing; in September 2026, Matter of G-R-B- further held that the judge may do so without a motion from DHS. Separately, under Matter of C-A-R-R-, 29 I&N Dec. 13 (BIA 2025), an I-589 that does not specifically answer required questions is incomplete, and if it is still not corrected after an opportunity to do so, it may be deemed abandoned. Every question on the I-589 therefore needs a specific, complete answer, and the written statement must be able to support each legal element on a prima facie basis.
• "Safe third country" agreements: Relying on asylum cooperation agreements (Asylum Cooperative Agreements) between the United States and several countries, DHS moves in court to deny asylum applications and seeks to send applicants to an agreement country to seek protection there. Several BIA precedents from 2025–2026 support the judge resolving whether an agreement applies before reaching the merits, and related litigation is ongoing.
• Asylum fees and annual fees: The 2025 "H.R. 1" legislation added an asylum application fee and an annual fee while the application is pending. In Matter of L-F-R-, 29 I&N Dec. 787 (BIA 2026), the BIA held that if the annual fee is not paid by the deadline set by the judge or the BIA, the asylum application may be denied or deemed abandoned, but this consequence does not apply to the withholding of removal and CAT claims in the same application. For amounts and payment methods, check the current EOIR and USCIS announcements.
• Consequences of a frivolous application: Knowingly filing an asylum application containing fabricated material after being warned (a frivolous application) results in a permanent bar to any immigration benefits (INA 208(d)(6)).

Adjustment of status in immigration court (INA 245(a), 245(i))

If you have an available immigrant visa, for example an I-130 filed for you by a U.S. citizen spouse or child over 21 that has been approved (or can be adjudicated at the same time), or an approved employment-based I-140 with a current priority date, you may be able to apply to adjust to green card status directly in immigration court, with the immigration judge deciding the I-485. The general requirements are: inspected and admitted or paroled; a visa number available both when you apply and when the application is approved; admissible, or the grounds of inadmissibility have been waived; and deserving of a favorable exercise of the judge's discretion. "Immediate relatives" of U.S. citizens (spouses, unmarried children under 21 and parents of citizens over 21) are not subject to the 245(c) bars for unauthorized employment, lapse in status and the like.

People who did not enter lawfully generally can adjust inside the United States only if they qualify under the 245(i) grandfather clause: they are the beneficiary (or a derivative beneficiary) of an immigrant petition or labor certification filed on or before April 30, 2001; if the filing was made after January 14, 1998, the principal beneficiary must also have been physically present in the United States on December 21, 2000; and the statutory surcharge must be paid.

The jurisdictional rule for "arriving aliens": Under 8 CFR 1245.2(a)(1), the immigration judge has exclusive jurisdiction over the adjustment application of a person in removal proceedings (other than one classified as an arriving alien); for a person classified as an arriving alien, the judge generally does not have jurisdiction, and the application can be filed only with USCIS. The sole exception applies when all of the following are met: while previously in the United States, the person properly filed an adjustment application with USCIS; the person departed on advance parole and returned under that advance parole; USCIS denied the application; and DHS placed the person in removal proceedings upon return or after the denial. In that situation the application can be renewed in court. Which category you are listed under on the NTA, and whether you were paroled or released some other way when you entered, directly determine who decides the application, so check the NTA and entry documents item by item. (In Matter of Roque-Izada in 2025, the BIA noted that when a respondent is not classified as an arriving alien, the judge has jurisdiction over the adjustment application, and that mere speculation about a possible future favorable USCIS decision is not enough to terminate proceedings.)

For the basics of family-based immigration, see our adjustment of status guide and marriage green card page. If you married while in removal proceedings, the law imposes a heavier burden to prove that the marriage is bona fide, so be sure to consult an attorney first.

Waivers: 212(h), 212(i), 237(a)(1)(H)

Many people who apply to adjust status or keep a green card in court also face an "inadmissibility" or "deportability" obstacle that has to be paired with a waiver:

• INA 212(h): Waives certain criminal grounds of inadmissibility, such as crimes involving moral turpitude, multiple convictions, prostitution, and a single offense of possession of 30 grams or less of marijuana. Generally you must show that denying the waiver would cause extreme hardship to a U.S. citizen or green card holder spouse, parent or child (or that the conduct occurred more than 15 years ago and you have been rehabilitated, among other options). Violent or dangerous crimes are subject to a heightened standard; murder, torture and similar offenses cannot be waived; and some green card holders (for example, those convicted of an aggravated felony after being admitted as a green card holder) cannot use it.
• INA 212(i): Waives the ground of inadmissibility for obtaining a visa, admission or immigration benefit through fraud or misrepresentation. You must show extreme hardship to a U.S. citizen or green card holder spouse or parent (children are not qualifying relatives; VAWA cases have separate rules). A false claim to U.S. citizenship generally cannot be waived under 212(i).
• INA 237(a)(1)(H): Applies to people charged as removable because of fraud or misrepresentation at the time of admission (commonly, those who obtained a green card or visa and entered using untrue information). The applicant must be the spouse, parent or child of a U.S. citizen or green card holder, must have held an immigrant visa or equivalent document at admission, and must have been otherwise admissible apart from the fraud-related grounds. The statute itself does not require showing hardship, but the waiver is still discretionary.

In court, waivers are decided by the immigration judge, and the form and filing method follow the judge's instructions (commonly Form I-601). The key to a waiver case is the hardship evidence and the overall positive factors, such as medical records, financial dependence, country conditions and evidence of rehabilitation.

Voluntary departure (INA 240B)

Voluntary departure is not relief that lets you stay; it allows you to leave at your own expense within a set period and avoid having a removal order on your record. If requested before the conclusion of proceedings, it can be up to 120 days, but you must give up appeal and other relief; if requested at the conclusion of proceedings, it can be up to 60 days, and you must meet requirements such as 1 year of physical presence in the U.S., 5 years of good moral character, and the ability and intent to depart, and you must post a bond. Failing to depart on time carries serious consequences, including a civil penalty and ineligibility for certain relief for 10 years. After departure, the 3-year / 10-year bars for unlawful presence may still apply. See Voluntary departure explained.

U visas and T visas

Victims of certain crimes in the United States (such as domestic violence, sexual assault, extortion, kidnapping or serious physical injury) who help law enforcement can apply to USCIS for a U visa (I-918, which requires a certification signed by a law enforcement agency); victims of human trafficking can apply for a T visa (I-914). Both are decided by USCIS, not by the immigration judge.

People in removal proceedings can ask the judge for a continuance while USCIS processes the application, or ask the ICE attorney to agree to a joint motion to terminate proceedings (for U visas, see 8 CFR 214.14(c)(1)(i)). But keep your expectations realistic: U visas are capped at 10,000 principal applicants per fiscal year, and the backlog is severe. In Matter of Ibarra-Vega in 2026, the BIA held that when a U visa is not available in the reasonably foreseeable future, a case should not be administratively closed over DHS's objection, and it set a presumption that closure of more than 6 months is "unreasonable." A request for a continuance must also address the likelihood of obtaining relief and your own diligence; merely asserting that you "may be eligible in the future" is usually not enough (Matter of J-A-F-S-, BIA 2025).

Temporary Protected Status (TPS)

TPS applies to nationals of countries the U.S. government has designated for TPS. You must have continuously resided in the United States since a specified date, registered on time, and have no criminal or other bars (I-821). As of October 2026, China is not among the TPS-designated countries; since 2025, the TPS designations of several countries have been terminated or are the subject of litigation, so check the current USCIS announcements and court rulings. TPS is generally filed with USCIS first; after a USCIS denial, in some situations it can be renewed in immigration court. You cannot be removed while you hold TPS, but TPS itself is not a green card and does not necessarily end the court proceedings.

Termination of proceedings (termination)

Termination means the immigration judge ends the removal proceedings without issuing a removal order. The most basic situation is when DHS cannot prove its charges (for example, the evidence is insufficient to establish removability), in which case the judge must terminate. In addition, in certain situations (for example, the person has already obtained a green card during proceedings, or needs proceedings terminated in order to apply to USCIS for a form of relief), judges have in the past also been able to terminate as a matter of discretion.

An important note: a 2024 EOIR rule had written termination rules into 8 CFR 1003.18(d) and 1003.1(m) (along with provisions on administrative closure). On June 22, 2026, the U.S. District Court for the Northern District of Texas entered a consent judgment in State of Texas v. U.S. Department of Justice declaring that 2024 rule invalid and vacating it. Administrative closure is the most directly affected; whether the termination provisions were also invalidated is read differently by different parties, and judges have not handled it uniformly. In 2026 the BIA also emphasized that discretionary termination requires weighing the positive and negative factors as a whole, and that a single factor such as DACA is not enough (Matter of Santiago-Santiago). For the difference between termination and dismissal by DHS, and the current practice, see Prosecutorial discretion, dismissal and termination.

How to combine and choose forms of relief

1. Verify the facts first: your date and manner of entry, every departure and entry, the originals and service dates of all Notices to Appear, past visa and immigration applications, and all arrest and court records. Where necessary, obtain your DHS and EOIR files through FOIA.
2. Screen item by item: go through the table above and assess whether you may be eligible for each one; do not fixate on a single form of relief.
3. Pursue several at once, with clear priorities: for example, asylum, withholding of removal and CAT are usually pursued together, and people who qualify can apply for cancellation of removal at the same time. If you use voluntary departure as a last-resort fallback, watch for conflicts with other relief (voluntary departure before the conclusion of proceedings requires giving up other relief).
4. Prepare evidence on schedule: the judge will set filing deadlines, and late applications or evidence may not be accepted.
5. Assess the risks: for example, before asserting 245(i) or 212(h), make sure doing so will not expose a more serious problem; if you have a criminal record, have an attorney first analyze the immigration consequences of each conviction.

How we can help

• Obtain and review your immigration file and court records (FOIA, EOIR case information), calculate residence time and the stop-time date, and determine whether the Notice to Appear is defective;
• Evaluate each available form of relief and its risks item by item, and set the order in which to pursue them;
• Prepare applications, personal statements, witnesses and documentary evidence, and arrange any necessary expert opinions and translations;
• Represent you in court (master calendar and individual hearings), and handle bond, motions and appeals;
• Communicate with the DHS attorney and, at the right time, discuss arrangements such as dismissal, termination or voluntary departure.

We do not promise the outcome of any case; what we can do is make sure the legal requirements and evidence are fully prepared.

Frequently asked questions

Official sources

• 8 U.S.C. 1229b (INA 240A, cancellation of removal)
• 8 U.S.C. 1158 (INA 208, asylum)
• 8 CFR 1245.2 (jurisdiction over adjustment of status in court)
• 8 CFR 214.14 (U visas, including handling during removal proceedings)
• EOIR forms page, EOIR Policy Manual
• Matter of H-A-A-V-, 29 I&N Dec. 233 (BIA 2025)
• Matter of Ibarra-Vega, 29 I&N Dec. 476 (BIA 2026)
• Matter of Roque-Izada, 29 I&N Dec. 106 (BIA 2025)
• USCIS: Temporary Protected Status (TPS)

Related reading

• What to do after receiving a Notice to Appear (NTA)
• Master calendar and individual hearings
• Voluntary departure explained
• Prosecutorial discretion, dismissal and termination
• Criminal records and immigration consequences

Related cases: Pereira v. Sessions, Niz-Chavez v. Garland, Wilkinson v. Garland

This page is general information, not legal advice. Immigration court procedures and policies change quickly, and outcomes depend on the specific facts. If you have received a Notice to Appear or a family member has been detained, consult an attorney as soon as possible.