A significant number of the deportation orders that were issued in 2024 were to immigrants living in New York, most of whom did not have legal representation. The role of legal representation in deportation cases in New York cannot be exaggerated. People who are at risk of being deported need a lawyer who can fight for their rights and provide them with effective court representation, amongst other assistance.
Having a deportation lawyer can dramatically increase the chances of a successful outcome in immigration court. As your legal representative, they are the person who can handle the immigration system on your behalf and take on the role of your advocate.
Knowledgeable Legal Professional
There are various stages of the deportation process, including court hearings, motions, and appeals. Each stage can be quite complex and confusing. Having legal representation can make navigating the legal proceedings significantly less difficult. A lawyer can explain each stage of the process to you, making sure you understand the potential outcomes, the options available to you, and your rights at every step.
Furthermore, your lawyer can keep you informed about any changes, obstacles, or new developments in your case at each stage. This open communication can allow you to actively participate in the decision-making for your case.
Defense Strategist
Your legal counsel can build a strong defense strategy by meticulously assessing your case and identifying any potential grounds to challenge the removal. A deportation order can be challenged if you were given improper notice or if there was a violation of your rights at any point in the proceedings, both of which can lead to the charges against you being dismissed. Deportation can also be challenged if you are eligible for some form of relief.
In building a case in your defense, it can be a lawyer’s job to collect important evidence that could support your deportation case. This often involves collecting documentation and witness testimonies that contribute to the strength and effectiveness of your argument. All this information can be organized to present a strong argument for why you should be allowed to remain in the country.
Support System
A legal representative can serve as an essential form of support, especially for those who are in the country alone. Those facing the prospect of deportation can become overwhelmed by the complexities of the legal system. A lawyer can not only provide legal guidance and advocacy, but they can also be a source of emotional support for their clients.
By taking an understanding and compassionate approach, a lawyer can help relieve some of the anxiety and stress that people often experience during deportation proceedings. They can be a reassuring presence, offering clarity at every stage of the process.
Pursue Deportation Relief
In deportation cases, part of a lawyer’s job is to identify and pursue different forms of relief that could keep their client from being removed from the country altogether or long enough to prove their case. Some options include:
- Asylum – Individuals may seek asylum if they can’t go back to their home country due to a legitimate fear of facing some form of persecution because of the country’s government or a powerful group.
- Withholding of Removal – To qualify for this form of relief, a person must show that there is a high probability that returning to their home country would threaten their life or freedom, along with meeting other criteria. Successful applicants are allowed to remain in the U.S. until conditions in their country improve. There is no direct path to citizenship with this relief, but there may be opportunities to seek other forms of relief in the future.
- Cancellation of Removal – This form of relief is available to eligible individuals, both lawful and non-permanent residents, in the middle of deportation proceedings. Non-citizens could apply and have their status changed to lawful permanent residents if they meet the criteria.
FAQs
Q. What Is the New York Access to Representation Act?
A. The New York Access to Representation Act addresses the fact that people who can’t afford an attorney have to deal with the immigration system by themselves because they don’t have the right to legal representation. It establishes that any immigrant New York resident going through the deportation process has a right to legal counsel, and it also aims to provide a lawyer to those individuals. This act promotes justice and fairness for everyone in the state, regardless of immigration status.
Q. How Can I Avoid Deportation?
A. To avoid deportation, it is essential to comply with all immigration laws and regulations. If you are facing deportation proceedings, you should hire an experienced immigration lawyer to defend you. Depending on your situation, there are relief options you can explore, such as asylum and adjustment of status, that can keep you from being deported. Your lawyer can help you figure out which options apply to you.
Q. Who Initiates Deportation Proceedings?
A. Deportation proceedings are typically initiated by the Department of Homeland Security (DHS), mainly through its agencies, like the U.S. Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS). ICE and USCIS are responsible for enforcing immigration laws and processing immigration applications, respectively. If either of these agencies discovers that someone violated an immigration law while in the country or during the application process, this could lead to the initiation of deportation proceedings.
Q. Can You Get a Green Card If You Have Been Deported?
A. It is possible to get a green card if you have been deported, but it can be a challenge. The U.S. immigration system is not very lenient about re-entering the country after deportation. When or if you can obtain a green card depends on the reason you were removed and if you have ever been removed before. It is important to find an immigration lawyer to help you work on getting a green card after being deported.
Hire a New York Deportation Lawyer
With deportation proceedings, the stakes are high, and the potential consequences can be dire. A legal professional can work tirelessly to protect your rights and make sure that you get a fair hearing in court. Don’t hesitate to contact the Law Offices of Robert Tsigler, PLLC, to work with one of our skilled deportation lawyers.
