United States citizens are the only people who can live in this country without the possibility of deportation. A person who is not a citizen of the United States who is convicted of a crime can face permanent removal from the country. There are only three ways that a person might be given citizenship. Those are by:
Lawful permanent residents can live and work in the United States for a lifetime, but they can be subject to removal proceedings if they are convicted of a serious crime. If removal is ordered, a person can be stripped of his or her right to return to the United States forever.
Due process of law requires an evidentiary hearing if the United States seeks to deport a foreign national. He or she is first served with a Notice to Appear that contains certain allegations that might include any criminal convictions in the United States. If the Notice to Appear contains a date certain for the respondent to appear at a specific immigration court, and he or she fails to appear, a removal hearing can be held in absentia, and an order of removal can be entered.
The respondent’s right to an attorney
Any person subject to a Notice to Appear has the right to retain an attorney for representation in an immigration proceeding. Since removal proceedings aren’t criminal in nature, no right exists for a respondent to be represented by a public defender. In the context of foreign nationals who legally entered the United States, the burden of proof is on the United States to prove that the foreign national is subject to removal.
Relief from deportation
Federal law recognizes several different forms of relief from deportation. They can include but aren’t limited to:
Both the respondent and the United States can appeal an immigration judge’s removal decision, but strict time limits apply. Failure to timely file an appeal within 30 days of the date of a removal decision can forever bar the appellant from proceeding further. If removal was ordered, the timely filing of an appeal operates to automatically stay the removal order.
Why you need an immigration lawyer
Most people who try to represent themselves in deportation proceedings struggle with the rules of the process. They don’t know how to have evidence on their own behalf admitted in a hearing, nor are they familiar with the defenses that might be available to them. Even if the respondent is familiar with those defenses, he or she likely has no idea of how to properly present them. Even if the immigration judge rules against the respondent, he or she still has the right to an appeal, but the appellate process is highly technical, and only a highly experienced immigration lawyer is qualified to navigate respondents through it.
Current estimates are that about 400,000 deportation proceedings will be filed annually. Due to immigration status, a respondent might have to face both criminal charges and deportation proceedings. The possible consequences can be harsh in both courts, so knowledgeable and experienced legal representation is required. We understand how important possible deportation is to you and your family, so we want to protect your immigration status.
If you or a family member has been arrested for a serious crime, and you’re concerned with the possible immigration consequences, contact us right away at 888-997-2152 for a free consultation and case evaluation at any one of our three offices. Don’t be intimidated by either the criminal or immigration courts. Defenses are available.
New York City is a world class city. This is where people go when they want to succeed in many fields. Someone who dreams of a career in the arts may decide to head here in order to have a stage career. A person who wants to make it big on Wall Street may also head here in order to have a career in the business field. Some people may decide to come here even they are forbidden from doing so legally. Someone may decide to try their luck in New York City despite not having the legal right to be in the country at all. In that case, if they encounter law enforcement officials, they may be at risk at being deported from New York City. New York City officials, like those of other jurisdictions, also choose to enforce their immigration laws. There are many specific laws that may govern the person’s personal situation in many ways. Factors such as a criminal record or the existence of any family ties may govern the outcome in the case.
Getting arrested is a common problem for those in the country illegally. An arrest may happen as a result of many activities. For example, someone in New York City may be applying for a job. However, they lack the proper documentation to work legally. In that case, they may present papers that are not accurate. If someone presents forged documents, the employer may choose to pass on these papers to the authorities. Other instances may also lead to an arrest. For example, a minor traffic violation in one of the area’s five boroughs can lead the arresting officer to run a check on the person. They may find out that the person has other legal issues in addition to the problems they’ve been arrested for at the time. Getting arrested can have all sorts of consequences.
The Likely Immediate Outcome
After an arrest has been made, the person who is arrested for deportation violations will typically face one of several paths. Someone who has only an immigration violation may be asked to return to court at another time. However, someone who has other violations may be jailed and not allowed to leave. A person with an existing prior criminal record as well as immigration violations will face all sorts of problems as a result of their arrest. They may be transferred to a new facility that is upstate and far from New York City while their case goes through the court system. The person may also be facing charges not only in New York but in other states. All of these factors will influence what happens after they get arrested. Jail time is probably likely if there’s another serious crime such as drug use or assault. It’s important to keep this mind during the arrest and in the immediate aftermath.
While an arrest can feel quite overwhelming, it is important to keep in mind that people still have options open to them. People who have been arrested, even if they are here illegally, still have legal rights. One such right is the right to speak with a legal counsel. A lawyer can help anyone sort out the possibilities that they face when confronting the law. The lawyer will typically understand the kind of specifics that apply in any given person’s case. For example, a lawyer in New York City will typically understand the court system well. They are likely to know what is going in any given district. Many judges in New York City may feel sympathetic to the needs of those who have broken American immigration laws. Other judges may not feel the same way. A good counselor can help the defendant figure out what the judge is likely to feel and possibly rule based on their personal situation.
As the case makes its way through the court system, the lawyer can indicate what possible responses the defendant can offer. A defendant who is facing additional charges may be able to plead away the immigration violation. In return for agreeing to plead guilty to certain charges, the state’s attorney may agree to drop the other charges. This can allow the defendant their right to stay in the country. The same is true in reverse. A defendant may agree to leave in return for dropping criminal charges. A really good lawyer can help the defendant decide what is in their personal best interests in such cases.
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