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Removal Defense

Removal Defense & Asylum Lawyer — Serving All 50 States

Regardless of how you entered the country, all immigrants, including lawful permanent residents (green card holders), could be subject to deportation if they violate any U.S. laws.

Immigration documents and scales of justice

The Removal Process

  1. 1

    The Department of Homeland Security issues a Notice to Appear (NTA).

  2. 2

    Initial Hearing (Master Hearing) — DHS explains the charges.

  3. 3

    Individual Hearing (Merit Hearing) — evidence is presented.

  4. 4

    The immigration judge issues a decision.

  5. 5

    Appeal to the Board of Immigration Appeals (BIA), if needed.

  6. 6

    Appeal to the Federal Circuit Court of Appeals, if needed.

  7. 7

    Possible appeal to the U.S. Supreme Court.

Common Defenses Against Deportation

Appeals

Fight an Unfair Immigration Decision — if your immigration case has been denied, you may still have options.

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You May Be Eligible to Appeal If Your Case Was Denied By:

  • An immigration judge
  • The Board of Immigration Appeals (BIA)
  • U.S. Citizenship and Immigration Services (USCIS)

How We Fight an Unfair Decision

Case Review & Transcript Analysis

We thoroughly review your case and immigration court transcripts to identify legal mistakes or misinterpretations of the law.

Filing a Strong Appeal

We prepare and submit a well-researched, compelling legal argument to the Board of Immigration Appeals (BIA) or the appropriate court.

Exploring Other Legal Options

If an appeal is not possible, we may be able to file a Motion to Reopen or explore other legal remedies.

Asylum

Seeking asylum in the U.S. is a complex legal process, and not every harm qualifies under asylum law. If granted asylum, you will be allowed to live and work in the U.S. legally and may eventually apply for a green card.

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You May Qualify If You Have Been Persecuted or Fear Persecution Based On:

  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a particular social group

How We Strengthen Your Asylum Case

Drafting a Legally Strong Personal Statement

We help you write a compelling, clear, and credible personal declaration that aligns with your evidence and asylum law.

Trial Preparation

We put you through mock trial preparation so that you are comfortable answering questions and nothing feels unexpected when you testify.

Cancellation of Removal (Permanent Residents)

Pertains to lawful permanent residents (green card holders). You must have been a lawful permanent resident for at least five years, have resided uninterruptedly in the U.S. for at least seven years after being allowed entry in any status, and must not have been found guilty of an aggravated felony (Form EOIR-42A). Meeting every one of these conditions is imperative — failure to satisfy even one requirement will cause a rejection of relief.

Cancellation of Removal (Non-Residents)

Applies to those who are not legal permanent residents, including undocumented individuals. You must establish ongoing physical residency in the U.S. for over ten years, exhibit good moral character throughout that entire duration, and demonstrate that deportation would cause extraordinary and remarkably unusual hardship to a qualifying family member who is a U.S. citizen or lawful permanent resident — usually a spouse, parent, or child (Form EOIR-42B).

U-Visa

For immigrants who have been victims of certain crimes and are willing to cooperate with law enforcement in investigations or prosecutions. We guide you through the complex U-Visa application process, including preparing Form I-918, obtaining the Certification of Helpfulness (Form I-918, Supplement B), and gathering supporting evidence.

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U-Visa Eligibility Requirements

  • Being a victim of a qualifying crime that occurred in the U.S. or violated U.S. law
  • Suffering substantial physical or mental abuse as a result of the crime
  • Willingness to assist law enforcement in the investigation or prosecution of the crime

T-Visa

A U.S. nonimmigrant visa that provides temporary legal status and protection to victims of severe human trafficking, allowing them to remain in the U.S., work, and access certain benefits.

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To Qualify for a T-Visa, an Applicant Must:

  • Be a victim of a severe form of trafficking in persons, including labor or sex trafficking involving force, fraud, or coercion
  • Be physically present in the U.S. or at a U.S. port of entry due to trafficking
  • Comply with reasonable requests for assistance from law enforcement in investigating or prosecuting trafficking, unless exempt due to age
  • Demonstrate that returning to their home country would result in extreme hardship or danger

VAWA & VAWA Cancellation of Removal

The Violence Against Women Act includes immigration protections for noncitizens who have suffered battery or extreme cruelty by a qualifying relative — available to women, men, and children. An approved VAWA self-petition (Form I-360) may allow you to seek immigration status without relying on the abusive family member to file for you.

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VAWA Might Be Available in the Following Situations:

  • Spouses of U.S. citizens or lawful permanent residents
  • Children of abusive U.S. citizens or lawful permanent residents
  • Parents of abusive U.S. citizen sons or daughters
  • Certain former spouses in limited circumstances

Special Immigrant Juvenile Relief (SIJS)

If you are caring for an undocumented child under the age of 21 in New Jersey or California, filing a guardianship petition can be the first step toward helping them obtain legal status in the U.S.

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How We Help You Through the SIJS Process

Step 1: File a Custody Petition in Family Court

We start by filing a custody petition in state family court, establishing a stable living arrangement and allowing the court to issue a Special Findings Order, which is required for SIJS.

Step 2: Apply for Special Immigrant Juvenile Status

Once custody and special findings are made, we assist in filing the I-360 SIJS petition with USCIS, demonstrating that the child has been abandoned, neglected, or abused and that returning to their home country is not in their best interest.

Step 3: Adjust Status to Lawful Permanent Resident

Once a visa becomes available, we guide the child through the adjustment of status process, securing their green card and a future in the United States.

Voluntary Departure

An option to consider when no other defenses are available.

Common Questions

Can green card holders be deported?

Yes — lawful permanent residents can be subject to deportation if they violate U.S. laws.

What is Cancellation of Removal for permanent residents?

It requires 5+ years of permanent residence, 7 years of continuous U.S. presence, and no aggravated felonies (Form EOIR-42A).

What is a U-Visa?

A visa for crime victims who cooperate with law enforcement investigations.

Facing Removal Proceedings?

Don't wait — schedule your consultation today.

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