Defenses in Immigration Court
1. Cancellation of Removal
For Lawful Permanent Residents (LPRs): Requires at least 7 years of continuous residence in the U.S., good moral character, and that removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or LPR spouse, parent, or child.
For Non-permanent Residents: Similar requirements, but typically with a shorter period of residence (10 years) and eligibility based on continuous presence and hardship.
2. Adjustment of Status
Basis: Eligibility to switch from non-immigrant to immigrant status if meeting specific criteria, such as family sponsorship or employment-based categories.
Purpose: Can serve as a defense by altering the individual's immigration status, thus avoiding removal.
3. Waivers and Relief
Waivers: Discretionary relief allowing individuals to overcome inadmissibility or deportability grounds, often based on hardship, family ties, or rehabilitation.
Special Immigrant Juvenile Status (SIJS): For children who have been abused, abandoned, or neglected.
4. Procedural and Legal Defenses
Lack of Notice or Jurisdiction: Challenging the validity of the proceedings due to procedural errors, such as improper service or jurisdiction.
Denial of Rights: Arguing violations of due process rights, including the right to apply for relief or legal representation.
5. Other Defenses
Statutory or Constitutional Challenges: Challenging the basis of detention or the validity of the removal order itself.
Historic or Humanitarian Grounds: Such as deferred action or humanitarian parole.
Consult with Us
Every removal case is unique. An experienced and Effectove immigration lawyer can assess individual eligibility, gather necessary evidence, and develop a strategic defense to protect your rights and pursue the most effective remedies available.
