On TV, radio, internet or print media, people always hear about the need to fix the broken immigration system. While politicians and media pundits debate this issue, many immigrants get lost in the shuffle, even finding themselves vulnerable to deportation. Such a prospect can mean job loss or even family separation so waiting on Congress is not an option. Spodek law group deals with the system as it is, not as we would like it to be. With in-depth knowledge of the statutes, case law and bureaucracies involved in immigration, we assure our clients a full and fair resolution of their residency status.
Non-citizens of the United States–including legal permanent residents–are subject to removal from U.S. territory if convicted of certain crimes as enumerated in the Immigration and Nationality Act. Those transgressions include:
As demonstrated, the crimes do not have to rise to the level of aggravated felonies (murder, for example) to warrant the penalty of deportation. Conviction of a wide variety of criminal acts can affect immigration status and the eligibility to keep a job. Those found guilty should not assume that jail time or fines paid prevent further action by U.S. Immigration and Customs Enforcement (ICE). Talk to a seasoned attorney before hearing from the government.
Indeed, simply entering the United States when deemed ineligible is viewed as a crime. Yet experienced attorneys have several tools at hand to aid immigrants under threat of removal.
1. A waiver of removal is possible if the non-citizen can demonstrate that an unreasonable burden will afflict the immediate family should deportation happen. The likelihood of getting a waiver is higher when the family has lawful permanent residents or actual citizens among its number.
2. A suspension of removal proceedings is attainable if–in addition to the extreme hardship criterion previously noted–the applicant can prove continuous residence in the U.S. for seven consecutive years. Also, he or she must present evidence of good moral character.
3. A judge may grant an adjustment of status if the immigrant can show a parent, child, widow or marital relationship to a U.S. citizen. If granted, the adjustment confers lawful permanent residency. This does not guarantee that deportation will never again come up; it simply closes the specific case in question.
4. Voluntary departure is certainly nobody’s first choice to avoid deportation but it does keep this extreme measure off the record. In so doing, it strengthens the immigrant’s chances of re-entry and legal residency status down the road. In order to receive voluntary departure recognition, the applicant must not be guilty of any aggravated felonies; have the financial means to cover travel expenses; who likewise maintain a history of good moral character; and who leave within the time window established by the immigration judge.
Above all, immigrants in danger of deportation should contact an attorney who understands these options (and the others that are available). Immigration lawyers are most effective when long experience is their guide. Spending years before immigration judges; knowing local ICE officials; and understanding the difficulties encountered by non-citizens build competence and excellence in a deportation legal expert. Such professionals are found at the Spodek Law Group. Call us any time for a free and confidential consultation.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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