New York
Deportation Defense
Lawyers

Ultimately, it falls to the immigration judge in your case to determine whether you can stay in the United States if your case does not qualify you for relief from removal. Even if it does and your attorney helps you apply for deportation relief, this is no guarantee that it will be approved. Typically, an immigration judge will carefully review your background and look at several factors, such as your work and tax payment history, your known relatives in the United States, and the length of time you have spent living in this country. They will also evaluate the severity of the criminal charges that triggered your deportation proceedings. Your attorney will help you craft a compelling argument that explains your position within your family and your local community, the degree to which your loved ones in the US depend on you, and the extent of the rehabilitation you have already completed, if applicable. If the immigration judge is convinced by your argument, you could receive approval for a waiver of deportation and be allowed to remain in the United States. When this occurs, the U.S. Immigration and Customs Enforcement may appeal the decision if they believe they have evidence that you do not qualify to remain in the US, just as you may appeal the court’s decision if you lose. It is very rare for deportation proceedings to end without several appeals, various official motions, and ultimately wind up in federal court litigation.

FAQs

What Is the New York Deportation Defense Process?

A: The NY deportation criminal defense process is the legal procedure that allows an individual who has been served a deportation order to defend their case. The deportation defense process typically involves multiple appearances and/or hearings in immigration court. While defendants can represent themselves or opt for legal representation, their case is much more likely to have a positive outcome if they have a deportation attorney. Unfortunately, asylum seekers do not have a right to a lawyer paid for by the U.S. government.

How Can I Overturn an Existing Deportation Order?

To overturn an existing deportation order, you will need to file a motion to waive or vacate your existing deportation order. You have two options for where you will be able to submit the motion. You can either do so in the original court that initially issued your order of deportation, or you can apply through the USCIS or United States Customs and Immigration Services. If you left the country because of a deportation order, you can request to return through the U.S. Attorney General.

If I Have Been in the United States for a Long Time, Can I Get a Green Card?

A: If you have been living in the United States for a long time, whether you can get a green card or not depends on your situation. When you have an immigration visa, you can upgrade your immigration status to become a lawful permanent resident. If you don’t have legal documents but are a close family member of a United States citizen, then you may be able to apply for a waiver to get permanent residency with the help of an immigration lawyer.

Can I Apply Again for Work Authorization During Deportation Proceedings?

Yes, in many cases, it is possible to reapply for work authorization while you are going through deportation proceedings. For example, you are eligible to reapply if:

• Your asylum claim is being processed.
• You are eligible to apply for Temporary Protected Status.
• You have a petition to get residency through an employment offer.

A New York deportation defense lawyer can analyze your case, let you know your eligibility, and help you find solutions.