Immigration Defense & Protection
Protection for Victims
Special protections exist for victims of persecution, trafficking, domestic violence, and crimes.
Immediate Actions If Facing Removal
Critical Steps to Take Immediately
- Contact an experienced immigration attorney immediately
- Do not sign any documents without legal representation
- Request an interpreter if needed - you have this right
- Ask for the charging documents and understand the allegations
- Remain silent beyond providing basic identifying information
- Document everything - keep records of all interactions
- Contact family members and inform them of the situation
- Gather all immigration documents and evidence immediately
Defense Strategies & Relief Options
Cancellation of Removal
Relief for individuals facing deportation who meet specific requirements
LPR Cancellation: For permanent residents (7+ years residence, no aggravated felonies)
Non-LPR Cancellation: For non-residents (10+ years presence, exceptional hardship to USC/LPR family)
VAWA Cancellation: For abused spouses, children, or parents
Asylum & Protection
Protection for those fleeing persecution or unable to return to home country
Asylum: For those persecuted based on protected grounds
Withholding of Removal: Higher standard than asylum but provides protection
Convention Against Torture (CAT): Protection from torture regardless of grounds
Victim-Based Relief
Immigration relief for victims of crimes and trafficking
U Visa: For victims of qualifying crimes who assist law enforcement
T Visa: For victims of severe forms of human trafficking
VAWA Self-Petition: For abused spouses, children, or parents of USC/LPRs
Adjustment of Status
Obtaining permanent residence while in removal proceedings
Family-based adjustment through approved I-130 petition
Employment-based adjustment through approved I-140 petition
Special programs like NACARA, Registry, or Cuban Adjustment Act
Immigration Court Process
Removal Proceedings Timeline
1
Notice to Appear (NTA)
Individual is served with charging document initiating removal proceedings
Case begins when served
Required Documents:
- •Notice to Appear document
- •Copy of all pages of NTA
- •Any other DHS documents received
2
Master Calendar Hearing
Initial court appearance to review charges and potential relief
Usually within 2-8 weeks of NTA
Required Documents:
- •All immigration documents
- •Legal representation information
- •Initial response to charges
3
Individual Hearing
Full hearing where individual presents their case for relief from removal
6 months to several years later
Required Documents:
- •All evidence supporting relief application
- •Witness testimony preparation
- •Country condition evidence if applicable
4
Decision & Appeals
Judge issues decision; appeals may be filed to Board of Immigration Appeals
Decision usually same day or within weeks
Required Documents:
- •Notice of Appeal (if applicable)
- •Appeal brief and supporting documents
Specific Defense Categories
Know Your Rights
In Immigration Court:
- • Right to legal representation (at your own expense)
- • Right to an interpreter
- • Right to examine evidence against you
- • Right to present evidence and witnesses
- • Right to appeal negative decisions
- • Right to remain silent
During Enforcement:
- • Right to remain silent
- • Right to refuse to sign documents
- • Right to speak with an attorney
- • Right to an interpreter
- • Right to contact your consulate
- • Right to humane treatment
Critical Deadlines & Time Limits
Filing Deadlines:
- • Asylum: Generally 1 year from arrival
- • Appeal to BIA: 30 days from immigration judge decision
- • Federal court petition: 30 days from BIA decision
- • Motion to reopen: 90 days from final order
Important Notes:
- • Missing deadlines can permanently bar relief
- • Some exceptions exist for extraordinary circumstances
- • Legal representation is crucial for meeting deadlines
- • Document everything with dates and times