In the context of United States immigration law, removal defense refers to legal strategies utilized to prevent an immigrant from being deported. The circumstances of each case vary, hence these strategies must be tailored to the specific situation.
Grounds for Removal:
Immigrants can face removal from the United States for numerous reasons. Some of the most common grounds for removal include overstaying a visa, committing certain crimes, violating immigration laws, or being found inadmissible.
Removal proceedings begin with a Notice to Appear (NTA), issued by the Department of Homeland Security. The NTA outlines the reasons why the individual is subject to removal. Following receipt of the NTA, the individual will be required to appear before an immigration judge.
Strategies for Removal Defense:
Several legal defenses can potentially halt the removal process, based on the details of an individual’s case:
- Challenging the Grounds for Removal: If there is a basis for disputing the allegations or charges listed in the NTA, this can be an effective strategy. For instance, an attorney may challenge whether the crimes the individual is accused of are indeed deportable offenses.
- Application for Relief from Removal: If an individual qualifies, there are several forms of relief that can prevent deportation, including asylum, cancellation of removal, adjustment of status, or waivers of inadmissibility or deportability.
- Discretionary Relief: Even if an immigrant is technically removable, it may be argued that they should not be removed because of positive equities, such as extensive family ties in the U.S., lengthy residence in the country, significant hardship upon removal, military service, or other contributions to society.
At the Law Office of Ghenadie Rusu, we specialize in providing comprehensive and strategic removal defense representation. We understand the fear and uncertainty that come with facing deportation, and we are committed to using our extensive legal knowledge and experience to protect your rights and keep families together.
Facing deportation is one of the most stressful experiences an immigrant can face. Having a skilled and compassionate removal defense attorney by your side can make all the difference.
Contact the Law Office of Ghenadie Rusu today to schedule a consultation and begin building your defense.