Are There Any Defenses to Removal?

All individuals who are present in the United States without a legal immigration status are subject to removal from the country by Immigration and Customs Enforcement (ICE), which is a division of the U.S. Department of Homeland Security (DHS). When an ICE agent finds that an individual is removable and detains him or her in an immigration detention center, the individual may or may not be able to post bond pending removal proceedings. If no bond is set, then the individual will remain detained until removal proceedings are complete. Fortunately, U.S. immigration law provides for a number of different defenses to removal that may help your case, depending on the circumstances. For example, if you left your home country and do not wish to return due to a serious fear of persecution based on your race, religion, nationality, membership in a particular social group, or political opinion, then you may be eligible for asylum, withholding of removal, or relief under the Convention Against Torture (CAT). If you are entitled to any of these types of relief, then you may be able to avoid deportation. Furthermore, if you are married to a U.S. citizen or permanent legal resident or if you have a qualifying relative who has filed a petition on your behalf, you may be able to adjust your status to that of a legal permanent resident. In other words, you may be able to directly apply for a green card. Depending on how you entered the U.S., you may have to return to your home country to process the request for a green card, or you may simply be able to adjust your immigration status while still in the U.S. In some circumstances, you can avoid removal by being eligible for a visa. For instance, a U-visa may be available for people who have been victim of serious crimes and suffered serious and ongoing harm as a result of those crimes. In order to qualify for this type of visa, the crime victim also must have cooperated with law enforcement officials in order to bring the perpetrator to justice. These are only a few of the potential defenses to removal that may apply in your case. If ICE has detained a loved one, contacting an experienced California immigration attorney as quickly as possible can be essential to securing his or her release and fighting deportation. Taking steps to fix an immigration problem from the outset is often much simpler than waiting until the last minute and attempting to remedy the situation. Call Landerholm Immigration, A.P.C., at (510) 756-4468 today, and learn what we can do to help you through this situation.