If you have risked everything to come to New York and build a new life, then receiving a removal or deportation order can be frightening and devastating. Fortunately, there are certain measures that you can take, and legal tactics that you can pursue, to optimize your chances of a positive case outcome. A New York deportation defense lawyer can listen to your story, analyze your case, and provide you with more specific strategies to match your situation.
In New York, individuals are typically informed that they have a deportation hearing by receiving a Notice to Appear (NTA), to which they are required to appear before an immigration judge. To navigate the complex process of fighting back against removal or deportation orders, it is important to be informed of your rights and the steps that you can take throughout each phase to protect yourself and your family’s status and physical presence in New York.
Breaking It Down: The New York Deportation Defense Process
In New York, if there is a removal or deportation order against you, then the process can be normal or expedited. While such cases are complex and frightening, it is highly advised that you get skilled legal representation who can walk you through each step of the process, employing a holistic defense strategy that reflects your case situation. The steps that you can take throughout the process include:
Understanding your removal or deportation defense procedures. By working with your attorney, you can understand the hearings and interviews that may be involved in your defense process, along with timelines and key steps to prepare for. By having an overview of the process, you can take control of the situation.
Consider an adjustment of status. Based on your case details, you may be able to get your status adjusted to stay in the U.S. as a lawful permanent resident (LPR) if you have certain familial relations with a U.S. citizen or LPR. You could also adjust your status if you have secured an employment opportunity to get an employment-based green card.
Apply for asylum. In some cases, you may be eligible to trigger the defensive asylum application process, especially if you fear that being sent back to your country would result in your harm or persecution. Other humanitarian relief options may be available to you.
Consider getting a cancellation of removal. In some cases, if you can prove that you have been in the U.S. for a long period of time and that your removal would cause serious pain or suffering to a U.S. citizen or LPR, you can petition to get your removal order canceled. A deportation defense lawyer can assist you with this process.
It’s important to work with a legal professional who can help you collect critical evidence, such as photos, certificates, and letters of support or recommendation from community members or loved ones. Such evidence can support your case by showing that you have displayed good moral character and contributed to the New York community. It can also demonstrate that your removal would cause great damage to the people living there.
Even if your application is rejected, there are still appeals options available that your deportation defense lawyer can help you petition for. In some situations, your case may be brought all the way up to the Supreme Court for a decision. For example, working to get a Stay of Removal to halt your deportation for some time can give you more time to build your case.
FAQs
What Is Immigration Defense in New York?
New York immigration defense typically refers to any strategy that is used to fight back against charges or orders that could threaten a U.S. non-citizen’s immigration status or physical presence in the country. Based on the removal order, deportation order, or criminal charges that could impact eligibility for naturalization, an experienced immigration defense lawyer can employ tactics and defense strategies to challenge them and protect the defendant’s rights.
Can I Get Deported From New York for Criminal Charges?
Yes, if your criminal charges lead to a conviction, and the crimes are of a particular nature, this could impact your lawful permanent resident status in the future. For example, if you have a violent crime on your record, then you will likely not be able to renew your green card. This would eventually lead to a removal or deportation order if you do not leave the country. If you are worried about how criminal charges could affect your immigration case, an immigration attorney can support you.
What Are the 3 Forms of Immigration Relief?
The three main forms of immigration relief are cancellation of removal, adjustment of status, and request for asylum. However, there are other routes that individuals can take to find solutions when confronting a removal or deportation order. For example, defendants can petition for a Stay of Removal to get their removal temporarily halted, or they can petition for an administrative appeal of the case if the decision is undesirable.
What Is the Difference Between a Refugee and an Asylee in New York?
In New York, a refugee applies for international protection by the United States in their country of origin, while a person with asylum status is granted the right to stay as a lawful permanent resident of the U.S. by applying within the country or at a port of entry.
It is not possible to apply for an asylum-related immigration visa outside of the United States to travel to the country. By working with a skilled immigration lawyer, they can analyze the details of your case and inform you about which pathway may be more optimal for your situation.
Take Control of Your Case With a New York Deportation Defense Lawyer
If you are facing a deportation or removal order in New York, then you do not have to face these difficult times alone. At the Law Offices of Robert Tsigler, PLLC, our knowledgeable attorneys are here for you to provide a compassionate ear. We can listen to your story and help you strategize to determine how to protect your right to live and work in New York. Don’t hesitate to contact an experienced immigration defense lawyer from our firm today to get started.
