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Immigration removal defense procedures

Once immigrants in South Carolina are placed in removal proceedings, they become eligible to apply for certain defensive forms of immigration relief. Individuals who are in the country without any type of legal status are not eligible for some of these forms of relief as the removal proceedings themselves provide the mechanisms.

These forms of relief can prevent the deportation of eligible immigrants. There are various forms of relief to which the immigrant may be available, including asylum, cancellation of removal, withholding of removal, adjustment to permanent resident status and waivers of inadmissibility. The government provides immigrants who are filing for relief or protection with certain instructions regarding the submission of specific applications. Petitioners are required to carefully follow these procedures, which were implemented by the government to make sure that immigrants had their backgrounds adequately checked before they are evaluated for various forms of relief.

These requirements include filing an application with immigration court. Many applications require a fee that must be submitted before the application will be processed. Asylum and withholding applications do not require a fee. Some immigrants are eligible for a fee waiver, and this waiver must be submitted at the same time as the application. Additionally, immigrants are required to have their biometrics taken and pay a fee for this service. ICE attorneys are responsible for reporting any relevant background check information to the immigration court. If approved for relief, the Immigration Customs Enforcement officials provide USCIS wiith a notification of final order of relief. The immigrant then attends a USCIS appointment for processing of documentation of status and work authorization.

Individuals who are facing deportation may choose to discuss their case with an immigration lawyer. Such action can result in the immigrant learning about various types of defenses that are available in his or her case.

Source: U.S. Citizenship and Immigration Services, "Immigration Benefits in EOIR Removal Proceedings", October 03, 2014

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