Detention Defense
When you’re struggling with an immigration issue, you shouldn’t have to do your own legal research. It’s enough
Skip to content At LALA, we work hard to help you or your loved ones stay in the country, even if you’ve already gotten a removal order.
What are removal proceedings?
Removal proceedings are the process by which the U.S. government formally begins to determine whether or not to deport an individual from the U.S. The proceedings are instituted through the filing of a Notice to Appear in court before an immigration judge.
In order to defend yourself against an order of removal from the U.S., the first step is to retain an immigration attorney with expertise in removal defense to ensure that your rights are being preserved from day one.
What are my defenses in Immigration Court?
It is vital to have a well planned trial strategy when placed in immigration proceedings. A deportation lawyer must carefully review your case to determine what application(s) for relief will offer the best defense before the immigration court.
Cancellation of removal is an option for certain non-citizens to apply to remain in the United States if they meet specific requirements. These non-citizens are split up into two groups – lawful permanent residents (LPRs) or non lawful permanent residents. Here are the cancellation of removal requirements for each group:
This relief may be granted if you’ve been a lawful permanent resident for five years, had continuous physical presence for 7 years after being lawfully admitted and have not been convicted of an aggravated felony.
Cancellation of removal relief may allow you to get a green card if you’ve lived in the U.S. for ten years, have good moral character and can show that your U.S. citizen, or Legal Permanent Resident parent, spouse or child would suffer a high level of hardship if you are deported.
Cancellation may only be granted by an immigration judge. Applicants are eligible to obtain employment authorization as soon as their application is filed with the court. With work authorization you may apply for a social security number, work legally and obtain a state issued driver’s license.
Asylum law is a very complex area of immigration law. Generally, a foreign national qualifies for asylum in the US if they have been persecuted or have a well-founded fear of persecution in their country of citizenship based on:
Includes political activists for opposing parties, union members, whistleblowers or even people refusing to align with a political party.
Victims of targeted violence, racist language or propaganda, or systematic discrimination based on race or ethnicity.
People who share an innate or unalterable characteristic or trait, such as LGBTQ+ individuals, victims of domestic violence, family members of dissidents or former gang members/gang resistors.
Someone facing discrimination, or violence from government or non-state actors based on being a member of a religious minority, or refusing to participate in a religious practice.
People fleeing violent conflicts or government policies targeting a specific nationality or linguistic group in their home country.
There are two ways to apply for asylum, affirmatively and defensively. Due to the complicated nature of asylum, an attorney is necessary to help navigate through the process and present a claim.
Committing fraud or a misrepresentation triggers a lifetime bar from being granted permanent resident status in the U.S. However, a green card holder may apply for a waiver in court under section 237a(1)(H) of Act to Waive the Alleged Fraud/Misrepresentation committed when obtaining their green cards.
To be eligible for the waiver the applicant must be the spouse, parent, son, or daughter of a citizen of a U.S citizen or Lawful Permanent Resident. The applicant must also be admissible to the U.S but-for the fraud committed. This relief is only available to Lawful Permanent residents in court and subject to other requirements under the law.
When you’re struggling with an immigration issue, you shouldn’t have to do your own legal research. It’s enough
In some cases, new evidence comes forward after the judge has already made a decision. Though this might
Immigration proceedings can drag on for years, but your life doesn’t stop moving in that time. If you
Immigration proceedings can drag on for years, but your life doesn’t stop moving in that time. If you
Your deportation case may be eligible for prosecutorial discretion if it is seen as “low priority.” Attorneys at
Undocumented children within the state juvenile system can be put on the path to become lawful permanent residents
Have a question for the Los Angeles Legal Advocates team? Need help with your immigration case?
Reach out to us today!
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