Removal Defense

If you are in removal proceedings, it means that you have to go before an Immigration Judge who will determine whether you are allowed to stay in the U.S. If you are in the U.S. with lawful status, you can be subject to removal proceedings if you do something to trigger what is called deport-ability. This means that your actions potentially triggered legal consequences that could result in the loss of your lawful status. Common reasons permanent residents are subject to removal proceedings include, but are not limited to and being arrested for or convicted of a crime, having a green card that was improperly issued.

If you are in the U.S. without lawful status, you could be subject to removal proceedings if the government learns that you are present. If you are placed in removal proceedings, there are several defenses for which you could be eligible. For example, if you have been present in the U.S. for at least 10 years, have a U.S. citizen or lawful permanent resident spouse, parent or child who would suffer extreme and exceptionally unusual hardship, and you have no disqualifying factors, you may be eligible for a defense called Cancellation of Removal. You can also file an asylum application before the court and an adjustment of status application if eligible.