Facing deportation in New York can be devastating for individuals dealing with removal or deportation orders, as well as their loved ones. A large number of New Yorkers facing deportation or removal orders have established careers, families, and rich lives in the state, and being deported would be catastrophic. To fight back against deportation, defendants can stay informed about key strategies for successful deportation defense in New York.
While the deportation process can be extensive and complex, certain strategies can be implemented to help defendants yield a positive outcome for their case. From receiving the Notice to Appear document to attending the master calendar and merit hearings to filing appeals if necessary, defendants can fight back during each step of the process with the help of a skilled and experienced New York immigration lawyer.
How to Win Your New York Deportation Defense Case
To defend successfully against your New York deportation case, it’s important to deploy a range of methods involving procedural and legal strategies to ensure that you are optimizing your chances of a positive outcome. To win your case, it’s critical to seek experienced legal representation. They can assist you with your situation by analyzing your case, informing you of your rights, and building a customized defense strategy.
A skilled attorney can also assist you with employing the following strategies:
- -Being Aware of Your Rights: By understanding your rights as a foreign national facing a deportation or removal order, you can protect yourself from seriously negative consequences, such as expedited removal, without first speaking to a lawyer. By asserting other rights, such as the right to remain silent, you can optimize your case outcomes.
- -Collecting Evidence: Having strong evidence for your case is a key defense strategy that can help you win. Your deportation defense lawyer can help show your deep ties to the United States, present evidence that speaks to your upstanding moral character, and show evidence for harm or persecution that you may encounter if you are deported back to your country of origin.
- -Applying for Relief: Depending on your situation, your lawyer can support you with applying for relief that is customized to your case. Pursuing certain options, such as cancellation of removal, stay of removal, adjustment of status, or application for asylum, can help you avoid getting removed or deported from the country.
- -Going Up Against Your Charges: In some cases, your charges may not have legal grounds. This means that your attorney would be able to challenge the legal premise of the charges against you, proving that you are not removable from the United States according to the law. They can also show evidence of any breach of your rights that took place during your arrest and/or the seizure of certain evidence or while you were in detention, which can lead to getting charges dropped in some cases.
- -Leveraging the Community: In New York, there are a plethora of supportive and knowledgeable community organizations available that are championing the cause of immigrants’ rights. By connecting with them, you may be able to leverage certain resources, such as support and advocacy.
Throughout the deportation process, your attorney can help you stay compliant and avoid common New York immigration violations so that you do not unintentionally harm your case. They can help ensure that you submit the correct documentation on time and appear before the courts when required. An experienced immigration attorney can also get you in touch with key community and humanitarian organizations that can further support your case, such as through family reunification or medical treatment.
FAQs
Q: What Are Some Solutions to New York Deportation?
A: The solutions to fighting a New York deportation order depend on various factors, including the nature of the allegations against the defendant, the manner in which they entered the United States, and their particular circumstances. Some solutions include adjustment of status, applying for asylum, a cancellation of removal, and a stay of removal. In cases in which the immigration court rules that the defendant should be deported, there are options to issue appeals.
Q: Am I at Risk of Being Deported From New York?
A: Foreign nationals who are living in New York under certain illegal conditions may face removal and deportation orders. If the foreign national illegally entered the United States, has immigration documentation that expired, or overstayed a visa, then they face the risk of being deported. If you are unsure whether your particular situation warrants being deported from New York, a dedicated and skilled immigration lawyer can help you understand the risks that you may be facing.
Q: How Fast Is the New York Deportation Process?
A: In New York, the deportation process is facilitated through the federal immigration courts, where the duration of the process will vary depending on the case. In the case of an expedited deportation process, the removal order can be given out within just a few weeks. However, the deportation process typically takes one or a few years, with the maximum duration being three years. A knowledgeable immigration lawyer can help you understand how long your deportation process will last.
Q: What If I Am Detained by ICE in New York?
A: If you are detained by ICE in a detention center in New York, then it is critical to call an immigration lawyer who can help protect your rights and fight back against your removal order. Furthermore, they may be able to convince the immigration judge to let you out on bail, and they could also negotiate to get your bail amount down. It’s important to contact a lawyer as soon as possible, as you may be subject to expedited removal.
Optimize Your Deportation Defense Strategy With an Aggressive Immigration Lawyer
If you are facing a deportation order, you may feel intimidated, knowing that ICE is heavily resourced and ready to leverage its tactics against you. Fortunately, a strategic and knowledgeable deportation defense attorney from the Law Offices of Robert Tsigler, PLLC, can help you navigate the defense process and fight for your right to stay in New York. By working with a skilled lawyer from our team, you can implement key legal strategies, both in and out of the courtroom. Contact us today to get started.
