Removal Defense
Representation before Immigration Judges in removal proceedings, including hearings, motions, and appeals where appropriate.
Defense and relief in removal proceedings before Immigration Court.
Representation before Immigration Judges in removal proceedings, including hearings, motions, and appeals where appropriate.
Defense and litigation for EB-5 investors whose removal-of-conditions petitions face USCIS challenges or escalate to court.
Motions to terminate or dismiss removal proceedings, including where the Notice to Appear is defective or a respondent has a viable path to relief outside of immigration court.
Counsel and representation for clients pursuing Voluntary Departure as an alternative to a removal order.
Appeals to the Board of Immigration Appeals from adverse decisions of the Immigration Judge, including briefing and motions to reopen or reconsider.
EB-5 investors and business immigrants sometimes find themselves in removal proceedings before the Executive Office for Immigration Review. This can happen for a number of reasons: a denied petition that leaves an investor without status, an overstay during the long wait for a priority date, a status issue surfacing during adjustment of status, or an old issue from a prior visa application coming back into focus.
Being placed in removal proceedings does not mean the end of your immigration journey. It does mean that the path forward becomes more procedural, more time-sensitive, and more dependent on the specific facts of your case.
Removal proceedings are formal court hearings before an immigration judge. The process typically begins when the government issues a Notice to Appear, which initiates the case. There are usually multiple hearings, starting with a master calendar hearing where the case is scheduled and basic positions are taken, followed by individual hearings where the substantive arguments are made.
Investors in proceedings may have options that are not always obvious at first glance. Depending on the facts, these can include adjustment of status during proceedings, continuances to allow underlying petitions to be adjudicated, administrative closure in appropriate cases, or other forms of relief.
Investors and business immigrants face a different set of considerations in immigration court than other respondents. Pending petitions, source of funds documentation, regional center sponsorship, and timing of investment all interact with the procedural calendar of the court. Strategy in these cases often requires understanding both the underlying business immigration law and the court process itself.
If you are an EB-5 investor or a business immigrant facing removal proceedings, contact the office to discuss your specific situation.
Schedule a confidential 30-minute consultation to discuss your case.
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