Removal Defense
-
Legal Consultation
The process typically begins with a consultation with an immigration lawyer. During this initial meeting, the lawyer assesses the client's case, reviews relevant documentation, and discusses potential defense strategies.
-
Review of Immigration Status
The lawyer reviews the individual's immigration status, including any available relief or defense options based on the person's status, family relationships, criminal history (if any), and other relevant factors.
-
Asylum and Withholding of Removal
Individuals who fear persecution or harm in their home countries based on race, religion, nationality, political opinion, or membership in a particular social group may apply for asylum or withholding of removal. Asylum provides protection to individuals who meet the definition of a refugee, while withholding of removal prevents deportation to a country where there is a clear probability of persecution.
-
Prosecutorial Discretion
Immigration authorities may exercise prosecutorial discretion to administratively close or terminate removal proceedings against an individual. This discretionary relief is based on various factors, including humanitarian concerns, ties to the community, and the individual's immigration history.
-
Waivers of Inadmissibility or Removability
Waivers may be available to individuals who are otherwise inadmissible or removable from the United States due to certain grounds, such as fraud, unlawful presence, or criminal convictions. Waivers allow individuals to overcome these grounds of inadmissibility or removability and remain in the U.S. lawfully.
-
Special Programs and Relief
Some individuals may qualify for specialized forms of relief or programs, such as Temporary Protected Status (TPS), U visas for crime victims, or relief under the Violence Against Women Act (VAWA), among others.