If you have received a criminal conviction in New York and are a non-citizen living in the United States, then you are likely wondering how this will impact your immigration status. Not only might you be ineligible for upgrading your immigration status, but you could also be subject to a deportation or removal order as a result. If you suspect that you are facing deportation as a result of a conviction, it’s critical to reach out to a New York immigration lawyer who can help you.
While being detained by ICE or receiving a deportation or removal order may feel like a helpless situation, there are many legal strategies that can be leveraged to challenge an impending deportation. If you are in a similar situation, knowing the tactics for fighting against your deportation after a criminal conviction can help you take control of the situation and increase your chances of a favorable outcome.
Consequences of Criminal Convictions for New York Immigrants
In addition to facing criminal penalties for a conviction, immigrants in New York may also be detained and deported by Immigration and Customs Enforcement (ICE). If you have lawful immigration status, such as being a green card holder, then convictions for certain crimes can cause you to lose your immigration status. They may also prevent you from changing it or renewing it in the future. Aggravated felonies, certain drug-related crimes, and crimes of “moral turpitude” can put a lawful permanent resident’s immigration status at risk.
The consequences of a criminal conviction are typically more severe for undocumented immigrants or those who are living in New York unlawfully. Just by being arrested for a minor crime, the jail might notify ICE that the undocumented individual has been taken into custody. The agency may then try to hold them and carry out deportation proceedings.
Fighting Against Deportation After a Criminal Conviction
There are multiple strategies that can be employed to fight back against a deportation or removal order after getting a criminal conviction. These include:
- Arguing that the crime doesn’t fit the right classification. You may be able to argue that the nature and severity of your crime do not fit the appropriate classification of crime needed to justify a deportation order.
- Apply for a waiver of relief from removal. Lawful permanent residents who have been living in the U.S. for at least five years are eligible for this form of relief, though there are additional requirements. This waiver asks immigration authorities to overlook or forgive certain offenses that could be punishable by deportation.
- Appeal the case decision. If you have been convicted of a crime recently, your immigration lawyer can help you appeal the decision. For example, certain key evidence may have emerged that was not considered, or you may have been denied the right to due process.
- Request asylum. During a deportation hearing, a defendant can express that they have the intent to apply for asylum or that they fear being persecuted in their home country. The asylum process can pause a deportation process. If the defendant is granted asylum, and the conviction is not of an aggravated nature, they will be granted the right to stay.
- Adjustment of status. In certain cases, a non-citizen may be able to get their status changed to lawful permanent residency and avoid deportation. These include situations where the person has been living in the U.S. for more than 10 years, and a U.S. citizen or lawful permanent resident would face serious hardship due to their removal. However, they will have to meet certain other requirements.
The strategies employed for your case will depend on the type of deportation proceedings that you are facing, the severity of your convictions, and your current immigration status. A knowledgeable New York immigration lawyer can help you decide the optimal steps to take for your case.
FAQs
How Can I Avoid Getting Deported From New York, USA?
You can avoid deportation by employing legal strategies to contest the charges against you. If you are being deported on criminal grounds, then you can challenge the decision of your case by filing a motion for an appeal. You can also show that the category of the conviction is not sufficient to be grounds for deportation. Depending on your case, there are other steps you can take, such as applying for asylum and working to adjust your status.
What Is a Stay of Deportation or Removal?
A stay of deportation or removal is a motion that can be filed to pause the removal itself or the deportation removal orders being held against a person. The application for a stay can be submitted in person to a local Enforcement and Removal Operations (ERO) Field Office. The Department of Homeland Security will make the final decision about whether a stay will be granted or not, and it cannot be appealed.
Can I Be Deported for Domestic Violence Crimes?
Yes, even lawful permanent residents with a long history in the United States can be deported for stalking, breaking a protection order, or carrying out crimes against children. However, certain exceptions may be made, such as if the defendant was acting in self-defense. An experienced immigration lawyer can help you fight against deportation.
Can I Be Deported for a Drug Crime?
Yes, non-citizens can be subject to deportation if they commit a crime or conspire to commit a crime that involves controlled substance violations. However, it’s important to note that there are some exceptions, including cases that involve possession of less than 30 grams of marijuana for personal use. If you have been charged with a drug crime, it’s important to contact a lawyer to see how this may impact your immigration status and mount a defense.
Work With a New York Immigration Lawyer Who Can Help You
If you are facing deportation or removal orders as a result of a conviction for a crime, then a dedicated lawyer from the Law Offices of Robert Tsigler, PLLC, can support you by mounting a strong defense. At our firm, we are firmly rooted in the belief that all New Yorkers deserve fair treatment and a right to live, work, and contribute to the community, no matter their immigration status. We can help you find a solution if you are facing deportation. Contact our NY law office to learn more today.
