Check our latest Youtube video on Removal Proceedings. Here’s the transcript.
Removal proceedings can be one of the most frightening ordeals for an individual looking to stay in the United States. Removal Proceedings are initiated when the Department of Homeland Security issues a Notice to Appear charging the individual with being inadmissible to or deportable from the United States.
What Are Some Common Defenses In Immigration Court?
There are some defenses that may be applicable to your individual circumstances. Some of these include but are not limited to:
- Applying for Asylum. If you cannot return to your native country because of a well founded fear of persecution based on race, religion, nationality, political opinion, or social group, you may be granted a form of authorized protection from the US government. Two related forms of relief with different eligibility requirements and different legal consequences are Withholding of Removal and protection under the Convention Against Torture.
- Adjustment of Status. In some cases, you may be able to adjust your status here through a family relationship or through an approved employment based petition.
- Cancellation of Removal. There are two types of cancellation, one for lawful permanent residents and one for non-permanent residents. These cases would be heard before an Immigration Judge. If the Immigration Court rules in your favor, you may be able retain your green card, if you already have one, or be granted permanent residence.
- Deferred Action. Under certain circumstances, an individual may qualify for deferred action whether under a special program like Deferred Action for Childhood Arrivals (otherwise known as DACA) or through his or her own individual circumstances. In such a case, the government would defer pursuing removal of that person from the United States.
- Prosecutorial Discretion. In some cases, you may appeal to the government to administratively drop the removal case against you in light of its enforcement priorities and your individual circumstances.
- Voluntary Departure. Voluntary departure is a legal mechanism by which you agree to leave the United States without being ordered removed or deported.
These are not all the defenses. There are other options to explore such as contesting the Notice to Appear or in some cases, determining whether you are already a citizen. An experienced immigration attorney can help you to review your situation and determine the most viable defense. If you are seeking legal counsel in New Jersey, consider the Law Firm of Lee and Garasia.
Please remember that this is not a substitute for legal advice, nor is it intended to create an attorney-client relationship. Every case is different and outcomes are highly case and fact sensitive. For legal advice, consult with a qualified immigration attorney.