Defenses to Deportation

Legal Strategies to Prevent Removal from the United States

Facing deportation is stressful and intimidating, but it’s important to remember that you have rights and options. At Benach Pitney Reilly Immigration, our experienced attorneys help clients build effective legal defenses against removal, protecting their right to remain in the U.S.

Facing deportation? Act quickly!

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Who Needs Deportation Defense?

Individuals who may face removal proceedings include:

  • Noncitizens who overstayed visas.
  • Individuals charged with violating immigration status.
  • Individuals with criminal convictions or charges.
  • Undocumented individuals placed in deportation proceedings.

Common Defenses Against Deportation

Our legal team evaluates each case carefully to identify the most effective deportation defense strategy, including:

Motion to Dismiss

Where the government is unable to prove that an individual is properly subject to deportation, individuals can file a motion to dismiss before the immigration court because they are not, in fact, legally removable.

Cancellation of Removal

Allows long-term residents to remain in the U.S. if removal would cause extreme hardship to U.S. citizen or lawful permanent resident family members.

Asylum, Withholding of Removal, and Protection Under CAT

Individuals who fear persecution, torture, or harm in their home countries may qualify for:

  • Asylum (fear of persecution based on protected grounds).
  • Withholding of Removal (higher standard but still prevents return).
  • Convention Against Torture (CAT) protection (when facing torture risks).

Adjustment of Status

Helps eligible individuals secure lawful permanent residency to avoid deportation.

Waivers of Inadmissibility

Overcoming barriers such as unlawful presence, fraud, or criminal grounds through legal waivers.

Prosecutorial Discretion

Requesting discretion from DHS/ICE attorneys to pause, terminate, or administratively close deportation proceedings.

VAWA & U-Visa Relief

Victims of domestic violence, human trafficking, or serious crimes in the U.S. may petition for protection through special humanitarian immigration programs.

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Immediate Steps If Facing Deportation

If you or a loved one is at risk of deportation, taking the following steps quickly is crucial:

  • Consult an immigration attorney immediately to understand your rights and options.
  • Gather important documents (e.g., birth certificates, marriage licenses, immigration paperwork, and evidence of ties to the U.S.).
  • Be cautious of immigration fraud and scams—only seek legal advice from licensed immigration attorneys.
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The Deportation Defense Process

Case Evaluation

We thoroughly evaluate your immigration and personal history to identify the best legal defense strategies available.

Preparation and Filing

Carefully preparing applications and compiling strong supporting evidence to support your case.

Representation in Immigration Court

Aggressively advocating before immigration judges, presenting evidence, witnesses, and expert testimony.

Appeals and Motions

Challenging unfavorable decisions by filing timely appeals and motions with:

  • Immigration Court (EOIR).
  • Board of Immigration Appeals (BIA).
  • Federal Circuit Courts of Appeals.
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How can Benach Pitney Reilly Immigration Help?

Providing strong legal representation in immigration court to aggressively defend against removal.

  • Filing effective motions and appeals to challenge unjust deportation orders at the Immigration Court, BIA, and Federal Courts.
  • Exploring all available legal defenses, including asylum, cancellation of removal, adjustment of status, waivers, and humanitarian visas.
  • Offering emergency assistance and immediate representation for individuals detained by ICE.

Our attorneys fight tirelessly to protect our clients’ rights, prevent deportation, and keep families together.

Facing deportation?

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Why Partner with Benach Pitney Reilly Immigration?

  • Personalized Strategy: Each case receives a tailored approach based on specific circumstances.
  • Proven Track Record: Success in uniting families through immigration solutions.
  • Clear Communication: Regular updates and transparency throughout the legal process.
  • Dedicated Advocacy: Persistent efforts to achieve favorable case outcomes.
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See What Our Clients Say About Us!

""I am beyond grateful for the incredible support I received from my immigration lawyer, Ava Benach, and her amazing team. From the very start, they treated me with kindness, patience, and understanding, making a complex and overwhelming process feel manageable. Despite the challenges of my case, Ava made the impossible possible. She is not only an exceptional attorney but also a compassionate and generous human being who genuinely cares about her clients. Her dedication, expertise, and unwavering support were invaluable to me. I also want to extend my deepest gratitude to Ava’s wonderful colleagues, Ashley and Erica, who were incredibly helpful, meticulous, and always punctual. Their attention to detail and commitment made all the difference, and I truly appreciate their hard work. The level of service I received was worth far more than the fees we paid. Ava’s knowledge and professionalism are unmatched, and I trusted her completely every step of the way. If you need an immigration lawyer who will fight for you while treating you with respect and care, I wholeheartedly recommend Ava Benach and her team. Thank you, Ava, Ashley, Erica, and the entire team, for everything you have done for me!"" - Abdullah K.
""For those of you who need immigration assistance from a kind human soul and an expert lawyer, you don’t need to look further than Ava Benach. I have known Ava since around 2013, and throughout the years, she has been more than just my lawyer—she has been a trusted advocate, a source of strength, and a guiding light during uncertain times. From the very first moment I spoke with her, I felt an immediate sense of trust and reassurance. She listens with genuine care, treats every case with the utmost dedication, and makes sure her clients fully understand their options. Ava’s expertise in immigration law is unmatched. She has an incredible ability to break down even the most complex legal matters, ensuring her clients feel informed and empowered. She is not just a brilliant attorney—she is also a compassionate human being who truly cares about the people she represents. Beyond her legal work, Ava’s dedication to helping others extends to her writing and advocacy. Her blog on naturalized citizenship and denaturalization is just one example of how she takes the time to educate and support not only her clients but also the wider immigrant community. She goes above and beyond to make sure people have the knowledge and resources they need to navigate their journey with confidence. I cannot fully express how grateful I am to have had Ava by my side. She is an exceptional attorney who fights tirelessly for justice while treating her clients with kindness, respect, and unwavering support. If you need an immigration lawyer who is not only highly skilled but also deeply compassionate, Ava Benach is the one to call. Thank you, Ava, for everything you have done for me and for so many others. You are truly making a difference in the world, and I am forever grateful."" - Genet A.
""I am incredibly grateful to Benach Pitney Reilly Immigration for their outstanding support and expertise throughout my immigration case. From the very first consultation, I felt welcomed and assured that I was in good hands. The team was not only knowledgeable but also genuinely caring, taking the time to answer all my questions and explain the process in detail. Ava and Sarah were especially helpful, and they guided me every step of the way, providing clear communication and keeping me updated on progress. Their hard work and dedication made a significant difference in experience. I highly recommend Benach Pitney Reilly Immigration to anyone in need of immigration assistance. They are truly a team of professionals who care about their clients and fight for their success. Thank you once again, Benach Pitney Reilly Immigration !"" - Raymond A.
""I cannot express enough gratitude to Benach Pitney Reilly Immigration. Thanks to your professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, your team demonstrated a genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Pitney Reilly Immigration to anyone looking for a reliable, professional and efficient team for immigration matters and thank you. miss sarah pitney for helping me in this long process that gave everything so that i was in the best way thank you for everything"" - Carlos M.
""I cannot express enough gratitude to Benach Collopy LLP. Thanks to their professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, their team demonstrated genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Collopy LLP to anyone seeking a reliable, professional, and efficient team for immigration matters. Thank you for changing my life!"" - Alessia O.
""Ava is an immigration powerhouse! Her expertise and commitment to her clients are unmatched. While other lawyers were at a loss, Ava took charge and confidently navigated our case with precision. From day one, she knew exactly what needed to be done and executed it flawlessly. Thanks to Ava’s relentless dedication, we have our green card! She went above and beyond, and we are beyond grateful for her exceptional work. If you need an immigration expert, Ava is the one you want on your side."" - Fede P.
""My Immigration Journey: From Uncertainty to Triumph! I embarked on my immigration journey 5-6 years ago, navigating uncharted waters with little understanding of the complex process. I faced numerous challenges, changed lawyers, and sought answers, but to no avail. That was until I found Benach Pitney Reilly Immigration. Through diligent research, I discovered the right team and was fortunate to have Dree as my initial consultation attorney. She was knowledgeable, empathetic, and provided invaluable guidance, setting the tone for a successful partnership. As my case progressed, I had the pleasure of working with David, who took the reins and expertly navigated me through the remaining process. David, you are a beacon of hope, guidance, and humility. Your selflessness, compassion, and willingness to help are traits that make you an outstanding attorney and an inspiration to many. Under the exceptional guidance of Dree and David, my immigration process transformed from a daunting task to a manageable and successful journey. The entire team's professionalism, empathy, and commitment to excellence are unparalleled. To anyone seeking immigration guidance, I highly recommend Benach Pitney Reilly Immigration. Sofia , David, and the team are the epitome of excellence, and I'm honored to have had the privilege of working with them. Thank you, David and Sofia for being shining examples of what it means to serve with humility and kindness."" - Shoukat A.