Removal & Deportation Defense

When you’re facing removal proceedings you need an expert deportation defense attorney.

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

Cancellation of removal is an option for certain lawful and non lawful permanent residents to apply to remain in the United States. 

  • For lawful residents (green card holders): 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.
  • For non lawful permanent residents: 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 Relief

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:

  • Political Opinion 
  • Religion 
  • Race 
  • Nationality 
  • Membership in a Particular Social Group

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.

Fraud Waiver 237a(1)(H)

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.

How Los Angeles Legal Advocates can help

We offer a wide range of removal defense relief. Browse some other ways we can help below, or contact us today for a free consultation from a deportation defense attorney. 

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Other Removal & Deportation Defense Services

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