Removal Defense: Protecting Your Rights in U.S. Immigration Court
Facing removal (deportation) from the United States is a challenging and stressful experience, but with the right legal strategies, you can fight to remain in the country. At Francis Law Center, we specialize in removal defense and offer a comprehensive range of legal options to help you build a strong case. Whether you’re detained, have been issued a Notice to Appear (NTA), or are going through immigration court proceedings, our experienced immigration attorneys are here to guide you through the complexities of removal defense.
Our team is here to assist you or your family members, even if you only speak Spanish, as we have native Spanish speakers on staff to provide seamless communication and support.
What is Removal Defense?
Removal defense involves legal strategies and actions taken to prevent deportation from the U.S. during removal proceedings. These defenses can vary depending on your situation, background, and the specific grounds for deportation. Our team at Francis Law Center offers personalized removal defense services, ensuring that we explore every possible legal option available to you.
Below are some of the most effective removal defense strategies we handle:
Credible Fear Interview
For individuals who have fled persecution or fear harm in their home country, a credible fear interview is a critical first step toward seeking asylum. If you pass the credible fear interview, you may be eligible to apply for asylum and stop removal proceedings. We help clients prepare for this interview, ensuring they present a compelling case for fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
Defensive Asylum
If you are in removal proceedings and fear persecution in your home country, you can apply for defensive asylum as a form of protection. Defensive asylum allows you to stay in the U.S. if you can demonstrate a well-founded fear of persecution. Our attorneys will help you gather the necessary evidence and build a strong case to present to the immigration judge.
Marriage Green Card
Marriage to a U.S. citizen or lawful permanent resident can be a powerful defense against removal. If you are in removal proceedings and married to a U.S. citizen or green card holder, you may be able to apply for a marriage-based green card and adjust your status to remain in the U.S. legally. Our team specializes in helping clients navigate the complex process of adjusting status through marriage while fighting removal.
601A Waiver (Provisional Unlawful Presence Waiver)
For those who have accrued unlawful presence in the U.S., leaving the country can result in a 3- or 10-year bar from returning. However, the 601A waiver allows individuals to remain in the U.S. while they apply for a waiver of their unlawful presence, avoiding the risk of being denied re-entry. If you are in removal proceedings and eligible for this waiver, we can help you file the necessary paperwork and guide you through the process.
VAWA (Violence Against Women Act)
If you are a victim of domestic violence at the hands of a U.S. citizen or lawful permanent resident, you may be eligible to apply for legal status under VAWA. This allows you to apply for a green card without the help of your abusive spouse, and it can also serve as a defense in removal proceedings. We are committed to helping vulnerable individuals seek protection and legal status under VAWA.
Cancellation of Removal for Non-Permanent Residents (42B)
Non-permanent residents who have been in the U.S. for at least 10 years, have good moral character, and can prove that their removal would cause “exceptional and extremely unusual hardship” to a qualifying U.S. citizen or lawful permanent resident family member may be eligible for cancellation of removal under 42B. This legal option can result in permanent residency if approved by an immigration judge.
Cancellation of Removal for Permanent Residents (42A)
For lawful permanent residents (green card holders) facing removal due to criminal charges or other reasons, cancellation of removal under 42A may be an option. To qualify, you must have maintained permanent residency for at least 5 years, lived in the U.S. for at least 7 years after lawful admission, and not have been convicted of an aggravated felony. We’ll evaluate your case to determine if this option is available to you.
Withholding of Removal and CAT Protection
If you are unable to qualify for asylum, you may still be eligible for withholding of removal or protection under the Convention Against Torture (CAT). These options are available if you can show that your life or freedom would be in danger if you were returned to your home country. Withholding of removal provides protection from deportation but does not lead to a green card, while CAT protection shields individuals from deportation to countries where they are likely to face torture.
Immigration Bond
If you or a loved one are detained by Immigration and Customs Enforcement (ICE), securing an immigration bond can lead to temporary release from detention while fighting removal. Our attorneys can file a bond motion to help you get released, ensuring that you can continue your case while free from detention.
I-751 Removal of Conditions in Removal Proceedings
If you are a conditional permanent resident and your I-751 petition to remove the conditions on your residency has been denied, you may find yourself in removal proceedings. In this situation, you can still defend against removal by re-filing or proving the validity of your marriage, or through waivers for abuse, divorce, or hardship. Our attorneys can help you navigate the complex process of re-filing the I-751 or defending against removal in court, ensuring your right to remain in the U.S.
Administrative Closure
Administrative closure can be a useful tool in certain removal proceedings. This option essentially pauses the case without a final decision, allowing you to remain in the U.S. while pursuing alternative forms of relief, such as waiting for the approval of an immigrant petition or visa that could provide legal status. Though administratively closed cases can be recalendared in the future, this option provides breathing room in situations where immediate removal is not in the best interest of the respondent. Our attorneys will evaluate whether administrative closure is a viable strategy for your case.
Motion to Recalendar
If your case has been administratively closed but you need to resume proceedings to pursue relief or other immigration benefits, filing a motion to recalendar can reopen your case. This is often necessary when circumstances have changed, such as new eligibility for a green card or waiver. Our legal team can assist you in filing the motion, ensuring the proper steps are taken to move your case forward.
Motion to Dismiss
In certain situations, it may be possible to request the dismissal of removal proceedings if you are no longer removable under current law or have gained eligibility for relief such as adjustment of status or asylum. A motion to dismiss can effectively terminate proceedings, allowing you to remain in the U.S. without further court appearances. We evaluate your case thoroughly to determine whether dismissal is a viable option and, if so, we will file the necessary legal documents.
Voluntary Departure
In some cases, voluntary departure may be the best option to avoid long-term consequences. This allows you to leave the U.S. voluntarily rather than being forcibly removed, which can reduce the penalties for re-entry in the future. Our attorneys will help you determine if this is the right option for your case and guide you through the process.
Why Choose Francis Law Center?
At Francis Law Center, we understand how frightening removal proceedings can be. Our team has extensive experience handling removal defense cases, and we work tirelessly to defend your rights and help you stay in the U.S. Whether you’re facing deportation, need to file for asylum, or are seeking relief through a family petition, our dedicated attorneys will help you navigate the complexities of U.S. immigration law.
Contact Us Today for a Consultation
If you or a loved one is facing removal proceedings, don’t wait—contact Francis Law Center today. We’re based in Chicago , but we represent clients in immigration courts nationwide. Our expert attorneys will review your case, explain your legal options, and fight for your right to stay in the U.S.
