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Deportation Defenses

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Temporary Protected Status (TPS)

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Eligibility criteria: Available to nationals of certain countries experiencing conditions such as ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions that prevent safe return.

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Cancellation of Removal for Permanent Residents

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Eligibility criteria: Must have been a lawful permanent resident for at least five years, have resided continuously in the U.S. for seven years after being admitted in any status, and have not been convicted of an aggravated felony.

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Protection under the Convention Against Torture (CAT)

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Eligibility criteria: Must demonstrate that it is 'more likely than not' that they would be tortured by or with the acquiescence of a public official if returned to their home country.

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Voluntary Departure

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Eligibility criteria: Must have no aggravated felony convictions, be able to afford their travel expenses, and agree to leave the U.S. within a specified time period.

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Cancellation of Removal for Non-Permanent Residents

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Eligibility criteria: Must have been physically present in the U.S. for at least 10 years, demonstrate 'good moral character,' and prove that deportation would cause 'exceptional and extremely unusual hardship' to a U.S. citizen or permanent resident spouse, parent, or child.

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Withholding of Removal

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Eligibility criteria: Must prove that there is a 'clear probability' of persecution based on race, religion, nationality, membership in a particular social group, or political opinion if returned to their home country.

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Deferred Action

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Eligibility criteria: Granted on a case-by-case basis for individuals who may not be a priority for removal from the U.S., often includes people who came to the U.S. as children, known as DACA recipients.

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U Visa for Victims of Crime

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Eligibility criteria: Must have suffered substantial physical or mental abuse as a result of being a victim of qualifying criminal activity, and be helpful to law enforcement in the investigation or prosecution of the crime.

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Asylum

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Eligibility criteria: Must demonstrate a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion if returned to their home country.

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Adjustment of Status

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Eligibility criteria: Availability of an immigrant visa, presence inside the U.S., an acceptable immigrant petition (family-based or employment-based), and admissibility to the United States.

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