Removal Defenses

Immigrants are placed in removal proceedings for a variety of reasons, including illegal entry, overstay or other visa violation, fraud or criminal conduct. Removal proceedings are begun by serving the respondent with a Notice to Appear. Through this removal proceeding in Immigration Court, U.S. Immigration & Customs Enforcement will seek to deport those who are in the United States in violation of law.

First, it is essential to determine whether the allegations and the charges in the notice to appear can be challenged and the proceedings can be terminated. However, even when the charges are accurate and the grounds of removal proven; there are many forms of relief from removal. These forms of relief include: Adjustment of Status (green card); Cancellation of Removal; Political Asylum; Withholding of Removal; Waivers of Inadmissibility; Temporary Protection Status and Voluntary Departure.

Immigration Cases are almost always won before the final hearing begins. Documents must be submitted to support the essential elements of your claim. Immigration Forms must be accurately completed and persuasively written. Legal arguments must be thorough, complete and well-argued. Finally, each witness who is to testify in a proceeding must be thoroughly prepared.

Cases denied by an Immigration Judge can be appealed to the Board of Immigration Appeals.