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Litigation

Practical and effective solutions to complex immigration matters

Navigating through U.S. immigration laws can be confusing and frustrating, especially for situations that do not easily fit within the structure of current immigration laws. That’s when Foster’s immigration litigation team steps in to maneuver through the law and the system to find practical and effective solutions to complex immigration matters.

From analysis of legal options to complex litigation and arguments before the U. S. Supreme Court, Foster is able to efficiently assess and develop legal options and strategies for the most zealous advocacy on behalf of our clients.

Our litigation services include:

1. Analysis of and Representation in Complex Immigration Matters
2. Consultation on Immigration Consequences of Crimes
3. Defense from Removal in Immigration Court
4. Federal Court Representation
5. Expert Witness Services

1. Analysis of and Representation in Complex Immigration Matters

Foster’s litigation team conducts fact and legal analysis to find options for our clients. Services we provide: 

  • Freedom of Information Act (FOIA) requests to all relevant government agencies to research past immigration violations or incidents with government officials
  • Waiver application preparation for unlawful presence, criminal, fraud and other grounds of inadmissibility
  • Administrative Appeals, including those with the Board of Immigration Appeals (BIA)
  • Representation at interviews before Immigration & Customs Enforcement (ICE) officials and deferred inspection appointments before U.S. Customs & Border Protection (CBP) officials

2. Consultation on Immigration Consequences of Crimes

When foreign nationals find themselves in trouble with law enforcement, Foster’s litigation team advises on how criminal charges can affect their immigration status. Such matters can have disastrous results for non-U.S. citizens.

We provide the following services:

  • Analysis and assistance to criminal defense attorneys for beneficial plea agreements and negotiations with prosecutors
  • Basic immigration training for members of the Criminal Defense Bar

3. Defense from Removal in Immigration Court

Foster’s litigation team represents clients in Immigration Court with a variety of legal claims. We work ardently for our clients and our attorneys have respectful and professional relationships with local Immigration Judges and government attorneys.

Use this link to locate a detainee who is currently in ICE custody, or who was released from ICE custody for any reason within the last 60 days: https://locator.ice.gov/odls/#/index

NOTE: The Online Detainee Locator System cannot search for records of persons under the age of 18.

We represent clients with the following types of cases (not exhaustive list):

  • Asylum
  • Withholding of removal
  • Relief under the Convention Against Torture Act
  • Termination of Removal Proceedings
  • Cancellation of Removal for residents and non-residents
  • Adjustment of Status
  • Various waivers
  • Temporary Protected Status
  • Violence Against Women Act (VAWA) Petitions
  • U Visas
  • Bond Hearing
  • Voluntary Departure
  • Naturalization Appeals

4. Federal Court Representation

Sometimes issues cannot be resolved solely in Immigration Court and further court proceedings are needed. Foster’s litigation team skillfully represents clients in appeals and filings before the following courts:

  • Federal Circuit Courts of Appeal, including the Fifth, Ninth, and Eleventh Circuits
  • Federal District Courts throughout the United States
  • U.S. Supreme Court

5. Expert Witness Services

Foster’s litigation attorneys act as expert witnesses in a variety of cases in civil and criminal courts. We have provided expert testimony in the following types of criminal and civil cases:

  • Habeas hearing to vacate an involuntary guilty plea, specifically outlining the immigration consequences to such a plea
  • Bond and detention procedures, including U.S. Immigration & Custom Enforcement procedures
  • Divorce proceedings regarding immigration issues
  • Department of Labor and Labor Certification proceedings

Advocacy

Foster’s litigation team participates in direct outreach to local, state, and federal political leaders to advocate for practical and responsible immigration laws. We regularly speak at conferences, educational events, debates, and town hall meetings in the community and also conduct small group meetings with key policy makers.

Our Team

Our team includes experienced and dedicated attorneys who are Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. Our experienced litigators have been recognized and honored by a variety of organizations and publications and are fluent in a variety of languages.

Our experienced attorneys have been recognized by:

  • Texas Monthly Super Lawyers
  • Texas Monthly Rising Stars
  • Best Lawyers in America
  • Who’s Who Legal

Our team includes attorneys and legal assistants who are fluent in a variety of languages, including:

  • Albanian
  • Chinese
  • French
  • German
  • Italian
  • Korean
  • Portuguese
  • Russian
  • Spanish
  • Vietnamese