Removal Proceeding
Immigration removal proceedings are serious legal matters where the stakes are high—you could face deportation and separation from your loved ones. Having an experienced immigration attorney to represent you can make a significant difference in the outcome of your case. Here’s how an attorney can help:
Understand Your Case
An immigration attorney begins by thoroughly reviewing your immigration history, including any applications, visas, or previous violations. They will also carefully examine the Notice to Appear (NTA), which outlines the government’s reasons for initiating removal proceedings. By identifying errors or weak points in the government’s case, the attorney can start building a defense.
Explore Defense Options
There are several defenses an attorney may use to fight removal proceedings: Adjustment of Status: If you qualify to apply for a green card or other legal status, the attorney can help you adjust your status to avoid deportation.
Asylum or Protection
If you fear persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group, the attorney can file for asylum or other humanitarian protections.
Cancellation of Removal
For individuals who meet specific requirements, such as continuous presence in the U.S. and demonstrating hardship to family members, the attorney can apply for cancellation of removal. Waivers of Inadmissibility: If you have a legal ground for inadmissibility, such as a criminal conviction, the attorney can file a waiver to overcome it.
Voluntary Departure
If no other options are viable, the attorney may negotiate voluntary departure, allowing you to leave the U.S. without a formal removal on your record.
Represent You in Court
During court proceedings, the attorney acts as your advocate: At the Master Calendar Hearing, they handle procedural matters, respond to charges, and propose legal arguments. At the Individual Hearing, they present evidence, call witnesses, and argue your case before the immigration judge. The attorney ensures your rights are respected and fights to achieve the best possible outcome.
Prepare and Submit Documentations
Immigration cases often require extensive documentation. Your attorney will gather and submit evidence such as: Employment records Family ties in the U.S. Proof of good moral character Evidence supporting asylum or other relief applications This step is critical for demonstrating your eligibility for relief.
Negotiate with Government Attorneys
An experienced immigration attorney can negotiate directly with government attorneys to resolve your case without going to trial, where possible. They may push for a favorable settlement or reduced charges.
Appeal Adverse Decisions
If the judge rules against you, your attorney can file an appeal with the Board of Immigration Appeals (BIA) or federal courts. They will prepare a strong argument based on legal errors or new evidence.
Why You Need an Attorney Immigration laws are complex, and removal proceedings can be intimidating. An attorney not only provides expert guidance but also ensures that every aspect of your case is handled properly, increasing your chances of remaining in the U.S. Do not face removal proceedings alone—an experienced attorney can be your strongest ally