Upon referral to an Immigration Judge by USCIS, ICE and DHS a lawful permanent resident or illegal alien has the right to fight removal and if successful apply for permanent residence, or in the case of an LPR to be given back their green card.
There are numerous ways one can be placed in Court Proceedings:
- A USCIS Petition is denied by USCIS
- An illegal alien or lawful permanent resident is arrested or convicted of a serious crime
- A LPR travels outside the U.S. and upon reentry is discovered to have committed a serious crime in the past.
- A long term alien or illegal (10 years presence in U.S.) places themselves into Court Proceedings to attempt to win Cancellation and awarded Permanent Residence. In addition to 10 years or more of physical presence, one has to prove by a preponderance of the evidence that their qualifying relative(s) would suffer exceptional and extremely unusual hardship top prevail.