Deportation & Removal Defense

What Are Effective Defenses to Deportation?

Facing deportation can be overwhelming. You may be worried about losing your job, your home, or being separated from your family. But you don’t have to go through it alone. If the U.S. government has placed you in removal proceedings, you have the right to defend yourself.

At American Immigration Law Group, our deportation defense attorneys fight for individuals and families facing removal. We use every available legal defense and form of relief to help you stay in the United States and protect your future.

What Happens During the Removal Process?

The removal process begins when the Department of Homeland Security (DHS) serves you with a Notice to Appear (NTA) in immigration court. This document outlines why the government believes you should be removed from the U.S.

Key Stages in Removal Proceedings

Removal proceedings typically begin with a master calendar hearing, where the immigration judge reviews your case and schedules future hearings. This is followed by a merits hearing, where you or your attorney present evidence and legal arguments.

The judge will then issue a decision granting relief, ordering removal, or allowing voluntary departure. Each stage offers a chance to assert your rights and pursue available defenses.

Common Defenses in Removal Proceedings

Deportation defense typically involves challenging the government’s legal grounds for removal or showing that you qualify for relief that allows you to stay in the United States. This could be accomplished by:

  • Proving you are not removable (e.g., you are a U.S. citizen or lawful permanent resident)
  • Challenging the accuracy of immigration charges
  • Pointing out procedural violations or due process errors
  • Requesting prosecutorial discretion to have the case dismissed or paused

Possible Options for Relief from Removal

Even if the government proves you are removable, you may qualify for legal relief that lets you stay in the U.S. Our attorneys evaluate every option based on your history, family ties, and risk if returned to your home country.

Adjustment of Status Options

If you have a qualifying family relationship or an employer sponsor, you may be eligible to adjust your status to permanent residency during removal proceedings.

This includes marriage-based green cards, employment-based petitions, and waivers for conditional residents seeking to remove conditions on a prior green card. Adjustment of status allows you to remain in the U.S. while seeking lawful permanent residence.

Humanitarian Relief

Certain forms of humanitarian protection may prevent your removal. These include DACA for individuals brought to the U.S. as children, VAWA protections for survivors of domestic violence, and Temporary Protected Status (TPS) for people from countries affected by war or disaster. These options provide temporary legal status and may lead to work authorization or further relief.

Asylum and Protection from Harm

If returning to your home country would place you at risk of persecution or torture, you may qualify for asylum, withholding of removal, or protection under the Convention Against Torture. These defenses are based on fear of harm due to your race, religion, nationality, political opinion, or membership in a particular social group. They offer a path to remain in the U.S. legally and safely.

Victims of Crime and Trafficking

If you are a victim of certain crimes or human trafficking, you may be eligible for immigration relief that helps you avoid deportation. U Visas are available to crime victims who cooperate with law enforcement, while T Visas protect survivors of trafficking. S Visas are offered to individuals who assist in criminal investigations. These options provide a legal pathway to remain in the U.S. and may lead to permanent residency.

Waivers and Exceptions

If you are facing removal due to a criminal conviction, immigration fraud, or a past immigration violation, you may qualify for a waiver. Waivers for crimes of moral turpitude, misrepresentation, or unlawful presence allow certain individuals to stay in the U.S. despite these grounds for removal.

Deportation Defense Lawyers You Can Trust

Immigration Bonds and Detention Defense

If you or your loved one is detained by ICE, the first step is determining whether you qualify for an immigration bond.

Our attorneys represent clients at bond hearings and push for the lowest possible amount. We also help families post bond and understand next steps.

Motions to Reopen, Reconsider, and Appeals

If your case has already been denied, you may still have options. We help clients file:

  • Motions to Reopen (based on new evidence or changed circumstances)
  • Motions to Reconsider (when the judge applied the law incorrectly)
  • I-290B appeals of denials issued by USCIS

We also handle appeals before the Board of Immigration Appeals (BIA) and federal courts, ensuring that every legal avenue is explored.

Voluntary Departure

If no form of relief is available, we may recommend voluntary departure as an alternative to a removal order. Voluntary departure allows you to leave the United States without receiving a formal removal order.

This option may protect your ability to return legally in the future and avoid reentry bars. It is only available under certain conditions and requires strict compliance with departure deadlines set by the court.

Navigating Changing Immigration Policies

Immigration laws and enforcement priorities are constantly evolving. Policy changes may open up new options for relief or provide protection that was previously unavailable. Our attorneys monitor these developments closely and adjust your defense strategy to take advantage of favorable updates in the law.

Why Choose Our Deportation Defense Lawyers

With over a decade of experience, our immigration attorneys have helped clients facing removal in courts across the country, including:

  • Immigration and Customs Enforcement (ICE)
  • The Executive Office for Immigration Review (EOIR)
  • The Board of Immigration Appeals (BIA)
  • U.S. District Courts and Courts of Appeals

Many of our lawyers are immigrants themselves, and we understand what’s at stake. Whether you are detained or living in fear of removal, we are here to help you fight for a better future.

FAQs About Deportation Defense

Can I be deported without going to court?

Most people must appear in immigration court before being removed, but expedited removal may apply at the border or in certain cases.

How long does the removal process take?

It depends on the court’s schedule, the complexity of your case, and whether appeals are filed. Some cases take several months; others may take years.

Can I work while fighting deportation?

You may be eligible for a work permit depending on your relief application (e.g., asylum, cancellation of removal).

What if I have a criminal conviction?

You may still be eligible for certain waivers or relief, depending on the type of conviction and when it occurred.

What if I already received a removal order?

You may still be able to reopen your case, file an appeal, or apply for post-order relief. Timing is critical—contact a lawyer right away.

Contact a Deportation & Removal Defense Lawyer Today

If you or someone you love is facing deportation, don’t wait. Our team at American Immigration Law Group is ready to protect your rights and fight for your future. Many of our immigration attorneys are immigrants who encountered some of the challenges you face.

Contact us today to schedule a confidential consultation with an experienced deportation defense attorney.