New York
Deportation Defense
Lawyers
NYC Deportation Defense Attorneys
Deportation can be a very real fear for many non-citizens living in the United States. It’s often surprising what kind of infractions and minor convictions can trigger deportation proceedings in New York City. If you or a loved one face deportation for violation of the immigration laws, you need a New York deportation defense lawyer who specializes in handling deportation cases. This unique branch of criminal law requires careful attention to detail and in-depth knowledge of the nation’s immigration regulations.
It’s not uncommon for people facing deportation to sign plea agreements out of desperation before speaking to an attorney. This can have devastating consequences for you and your family. It’s vital to connect with an experienced deportation defense lawyer as soon as possible once deportation is on the table.
Why Choose Our NYC Deportation Defense Attorneys?
At the Law Offices of Robert Tsigler, PLLC, we have handled thousands of cases successfully for New York City residents. If you need reliable and experienced legal counsel for deportation defense in NYC, our firm is here to help.
The attorneys at the Law Offices of Robert Tsigler, PLLC have an impressive track record of winning results, and our team can provide legal counsel in five different languages. We have served a diverse range of clients over the years and offer initial consultations to potential new clients. Our criminal defense lawyers are available 24 hours a day, seven days a week, to answer our clients’ questions and provide the most robust defense representation possible.
If you need a deportation defense lawyer in NYC, the Law Offices of Robert Tsigler, PLLC can quickly and thoroughly evaluate your case and help you explore all the available possible alternatives to deportation in your case.
How Do Deportation Proceedings Start?
The criminal codes of the United States have separate provisions that deal exclusively with non-citizens. Generally, committing a crime in the United States as a non-US citizen could result in deportation to one’s home country, regardless of the initial reason why they visited or moved to the U.S. Due to the way the criminal codes work for non-citizens living in the U.S., it’s possible for a minor infraction or conviction from years ago to suddenly trigger deportation proceedings.
Once deportation proceedings begin, the harsh reality is that a non-citizen who commits a crime may receive a much harsher immigration penalty than criminal penalty. For example, a criminal conviction that would typically result in probation may lead to immigration consequences such as indefinite mandatory detention in immigration custody or full removal to your designated home country, even if you have held a green card for years.
Some people facing deportation may qualify for relief from removal, but this may not be an option for everyone. This is why it is so crucial to find legal counsel for deportation defense. If you or a loved one were recently served with a Notice to Appear in immigration court for removal proceedings, it’s essential to connect with an experienced deportation defense attorney as soon as possible.
Who Can Qualify for Cancellation of Removal?
To be granted a cancellation of removal, there are strict requirements written into United States law for non-citizens that must be met. These requirements vary based on whether the person facing a removal or deportation order is a lawful permanent resident or if they are a non-permanent resident located in the country.
Eligible lawful permanent residents (LPRs) must show that they:
- Do not have an aggravated felony conviction.
- Have resided in the United States continuously for a minimum of seven years.
- Have had LPR status for at least five years.
On the other hand, non-permanent residents need to show that:
- They were continuously in the U.S. for 10 years.
- They had demonstrated good moral character.
- Their removal would result in extreme hardship for U.S. citizens or lawful permanent resident family members.
Which Crimes May Lead to Deportation?
- Sex offenses, such as sexual abuse of a minor or sexual battery.
- Drug offenses, such as possession of illicit drugs for personal use or with intent to sell.
- Fraud, such as passport fraud, identity theft, or credit card fraud.
- Theft, including robbery and burglary.
- Aggravated felonies including drug trafficking, rape, or murder.
- Domestic violence, including spousal abuse or stalking.
- Weapons violations, such as illegal possession of a firearm.
- Crimes of moral turpitude.
How to Defend Against Deportation in NYC?
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.
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