Removal proceedings begin when the Department of Homeland Security formally alleges that a noncitizen is subject to removal (deportation) and begins the removal process, usually by filing a Notice to Appear (NTA) with the immigration court. The job of the immigration judge is to determine whether the person is in fact removable, and if so, if there are any defenses or relief that might permit the noncitizen to stay in the country.
In immigration proceedings (unlike criminal proceedings), the U.S. government does not provide free legal counsel. If you are currently in removal proceedings, it is in your best interest to contact an experienced immigration attorney and explore your options right away.
Common defenses in removal proceedings include asylum, VAWA cancellation, voluntary departure, cancellation of removal for permanent residents and non-permanent residents, and adjustment of status. In some cases, the noncitizen can ask for their case to be completely terminated or administratively closed with the court.
Every situation is different, and an experienced immigration lawyer will advocate for you in court, and help you strategize the best path forward. Our team at Encanto Law has appeared in immigration courts all over Arizona and other states, and are qualified to represent individuals in any immigration court in the U.S.
*Information contained herein does not constitute legal advice. Immigration laws and policy change often. Always consult a licensed attorney regarding your specific situation.
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