Removal Defense
In general, a person cannot be deported from the United States until they are ordered removed by an immigration judge in an immigration court.
Once a person is placed in removal proceedings in immigration court, they usually attend at least two hearing: First, they will attend one or more Master Calendar Hearings to determine what type of case they have and when they will be scheduled to argue their case in full. Second, they will attend an Individual Hearing where they have the opportunity to present in full the reasons they qualify to remain in the United States.
You may be able to avoid deportation if you can prove one of the following:
- You may be eligible for asylum if you can prove you have a well-founded fear of persecution in your home country.
- You may be eligible for cancellation of removal if you can prove that your deportation would cause extreme hardship to a close relative who is a US citizen or permanent resident.
- You may be eligible for adjustment of status (permanent residence) if you have a close relative who is a US citizen or permanent resident.
- If you have been placed in removal proceedings because of a criminal conviction, you may be eligible for certain waivers or your may be eligible to have your criminal conviction set aside.
- If you have been the victim of a crime, you may be eligible for a U visa or other relief.
- If you have been abused by a spouse who is a permanent resident or US citizen, you may be eligible for relief under the Violence Against Women Act (whether you are a man or a woman).
- If you are a minor, you may be eligible for Special Immigration Juvenile Status.
The immigration court process can take from several months to many years, and the legal and procedural rules are extremely complicated. The approval rate for people in immigration court (called “Respondents”) who are represented by lawyers is much higher than for unrepresented people.
If you are in immigration court and need representation, contact us.