Removal Defense

Individuals who fear persecution in their home country due to their race, religion, nationality, political opinion, or membership in a particular social group may apply for asylum in the United States. Asylum cases are typically heard by the immigration court as a form of relief to removal.

Certain individuals in the United States may be eligible to adjust their status to become lawful permanent residents before an immigration judge while in removal proceedings

When an individual is detained by the Department of Homeland Security (DHS), they may have the opportunity to request a bond hearing to determine whether they can be released from detention while their case is pending.

Individuals facing deportation but who have been living in the United States for a certain period of time (typically 10 years for undocumented immigrants and 7 years for permanent residents) may be eligible for cancellation of removal, which allows them to remain in the United States.

Immigrants who fear they will be tortured if they are returned to their country of origin, birth, or citizenship, may qualify for relief under CAT if they can prove the likelihood of the same.

Certain immigrant children may qualify for a green card or avoid deportation if they have been abused, abandoned, or neglected.

Family members and children who have been subjected to abuse by a spouse or parent may qualify for legal status under VAWA if the abusive spouse or parent is a legal permanent resident or U.S. citizen.

Immigrants who fear for their safety or freedom if they return to their country of origin may be able to obtain relief (similar to asylum) if they have been in the United States for more than a year.

Individuals who have received an unfavorable decision from a USCIS officer or immigration judge may appeal their case to the Board of Immigration Appeals (BIA), which is also part of the immigration court system.