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NYC Criminal Deportations Lawyers

Facing Deportation in New York City: What You Need to Know

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:

  • Being born in the United States
  • Birth in another country with a parent who is a United States citizen
  • Naturalization of a lawful permanent resident

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.

Removal Proceedings

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.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
TaĂŻko BeautyTaĂŻko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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Relief from Deportation

Federal law recognizes several different forms of relief from deportation. They can include but aren’t limited to:

  • An exceptional and extremely unusual hardship on family members
  • The Violence Against Women Act for battered foreign national spouses and children of U.S. citizens and permanent residents
  • Asylum for victims of persecution in their home countries
  • Withholding of removal for refugees
  • Deferred action for childhood arrivals (DACA)

Appeals

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.

Getting Arrested in New York City

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.

Legal Options

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.

Possible Responses

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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