The first step in any removal defense is understanding exactly what the government is alleging. Every document from the court file must be reviewed. A single missed hearing can result in an in absentia removal order, which severely limits future relief options.

• Notice to Appear (NTA) — review every charge of removability
• All hearing notices and master calendar hearing records
• Any prior Immigration Judge decisions or BIA rulings
• Any final order of removal, if entered
• Any prior motions filed in the case (motions to reopen, motions to reconsider)
• All correspondence from the court and DHS counsel

In removal proceedings, the I-130 is filed separately with USCIS — not with the court. However, the I-130 approval is used as the basis for motions before the Immigration Judge, such as a Motion to Terminate proceedings so the beneficiary can adjust status with USCIS.

• File I-130 with USCIS — same requirements as outside removal proceedings
• Gather all bona fide marriage evidence
• Once I-130 is approved, use the approval notice to support court motions
• If the beneficiary is immediately eligible for adjustment, file a Motion to Terminate
• If adjustment is not yet available, consider a Motion for Administrative Closure

A Motion to Terminate asks the Immigration Judge to end removal proceedings because the respondent is eligible for relief — in this case, adjustment of status based on an approved I-130. This is filed with the court, not USCIS. The judge has discretion to grant or deny.

• File motion with supporting evidence: I-130 approval notice, proof of relationship, I-864 package
• Explain why the respondent is prima facie eligible for adjustment
• Address any complicating factors (criminal history, prior fraud) proactively
• DHS counsel may oppose; the judge will rule after hearing arguments

When termination is not appropriate — for example, if the beneficiary is not yet eligible to adjust — administrative closure pauses the case while USCIS processes the I-130 or a waiver. Both DHS counsel and the respondent must agree, or the judge may order it sua sponte.

• Request closure to allow USCIS I-130 processing to complete
• If waiver is needed, closure can remain in place during I-601A processing
• Either party can later request recalendaring to reopen the case
• Administrative closure does not grant any status — the respondent remains in proceedings

If a final order of removal has already been entered, options narrow but do not disappear. Emergency motions can halt deportation while longer-term relief is pursued. Timing is critical — once physically removed, reentry becomes exponentially more difficult.

• Motion to Reopen — filed when new facts or changed circumstances exist
• Motion to Reconsider — filed when the judge made an error of law or fact
• Stay of Removal — emergency request to ICE to halt deportation while a motion is pending
• BIA Appeal — filed within 30 days of the Immigration Judge's final order
• Federal court habeas corpus — last resort, filed in U.S. District Court

Criminal convictions can trigger independent grounds of removability beyond the original NTA charges. Every arrest, charge, and disposition must be reviewed. Certified court dispositions — not police reports or online records — are required for court filings.

• Certified dispositions for every arrest and conviction, no matter how minor
• If charges were dismissed: obtain the dismissal order
• If records are expunged: they may still be visible to DHS — disclose them
• If a crime involves moral turpitude or an aggravated felony: additional waiver analysis is required
• Legal representation is strongly recommended when criminal history intersects with removal proceedings