Queens CRIMINAL DEPORTATION Lawyers
There are several reasons the government can initiate deportation proceedings. Because the laws regarding deportation are often difficult to understand, hiring an attorney can be very beneficial. Often this can make a difference between staying in the country or being expelled. In addition, this is a situation that can be quite stressful. If you are facing deportation, it can be an emotional and frustrating experience.
Steps of the Deportation Process
There are a few steps that are followed when a deportation hearing is scheduled. The first is the Notice to Appear. A notice is given to the individual stating the reasons why the government believes the person should be deported. This notice is generally given at least 10 days before the hearing. The Notice to Appear must state:
- The essentials of the hearing
- Why the removal is being requested
- The persons right to hire an attorney
- The consequences of not showing up for the hearing
The next step, the master calendar hearing, is before a federal immigration judge. An ICE attorney will also be present. ICE is US Immigration and Customs Enforcement. ICE is a federal agency that includes Homeland Security Investigations and Enforcement and Removal Operations.
Although you may attend this hearing without a lawyer, it would be in your favor to have one. Make sure you attend this hearing because if you do not appear, the judge will issue an “automatic order of removal”. This hearing is the time to inform the judge of what your defense will be, and the date for the next step in the process, the Merits Hearing, will be scheduled.
During the merits hearing, it is essential to have an attorney. He or she will defend your right to remain in the country. You can testify, and witnesses and evidence can be presented on your behalf. What are some of the arguments you and your attorney can use to help you remain in the US?
- Any crime you were accused or convicted of was not a serious offense
- A “cancellation of removal” is warranted. (If you have been a resident of the US for ten years and can show that your deportation would cause extreme hardship for a family member.)
- Marriage to a citizen of the US
Reasons for Deportation
There are several reasons a person can be deported. Staying after their visa has expired or committing a crime are two of these reasons. What are some of the crimes that are considered grounds for deportation?
- Commission of a felony such as murder, rape, kidnapping, arson, and robbery
- Sex offenses
- The possession of drugs or selling drugs
- Domestic violence
- The possession of firearms or illegal weapons
- Abuse of a minor
What Qualifies as Relief from Deportation?
Often circumstance may entitle you to relief from being deported. One of the common types of relief is voluntarily leaving the US. If you leave by a certain date, you will be able to return at a later date. The reason this is preferable to deportation is because an order of removal will keep you from re-entering the US for up to ten years.
Another type is a cancellation of deportation. There are different requirements for legal permanent residents and non-permanent residents. A legal permanent resident can file for this relief if they have been legally allowed in the US as a permanent resident for five years, have lived in the US for at least seven years after being allowed to reside in the US, and cannot be convicted of an aggravated felony.
Non-permanent residents must have been in the US for at least ten years before applying for the relief. They cannot have been convicted of particular crimes and they must have been of good character as well as proving that their deportation would cause extreme hardship to a relative who is a citizen or is living in the US legally.
These are just the few of the things a lawyer can help you with if you are facing deportation proceedings. Contact the Spodek Law Group for an experienced attorney who can determine the best possible defense for your situation.
Deportation can threaten a family member who does not have a legal status in this country. This can affect not only this individual’s life but all those he or she loves that may be left behind. All in all, only US citizens have the right to live and work in this country. Citizenship is reserved for those who were born in this country or those who were born to one or two US citizens, even if born outside this country. Citizenship can also be granted to Green Card holders through naturalization.
Peeling Back the Removal Proceedings
The deportation of an individual happens quite often. This tumultuous moment happens in Immigration Court after legal proceedings take place and the evidence is reviewed. At this point, an experienced lawyer from the Spodek Law Group can assist you if you want to improve your chances of winning this case.
Now, just because these proceedings are taking place does not mean there is no hope. Your lawyer can still request deportation relief, which is granted by the Immigration and Nationality Act or INA. The following are a few examples:
- Providing information that could grant a status adjustment
- Removal cancellation for those who qualify and have been here seven years or more
- Cancellation of removal sometimes granted to those whose removal would cause great hardship to family left behind
- Deportation suspension granted Under the Nicaraguan Adjustment and Central American Relief Act
- Suspension granted under the Violence Against Women Act
- Protection granted under CAT or the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
- Asylum is granted to victims of violence or persecution under Section 208(a)
Perhaps the most common form of relief is voluntary departure, which is granted by the judge often. This solution usually grants a person 60 to 120 days to leave the country, meaning you can see your family and make some arrangements. Of course, the final removal order can be contested as long as it is filed by your immigration lawyer 90 days from when the order was given. The motion is submitted to the Immigration Judge or the BIA, which is also known as the Board of Immigration Appeals. Those who wish to have the judge reconsider your case must file a motion no more than 30 days from the order.
Temporary Visa Holders can also be deported and this could happen for the following reasons:
- Violations to the Visa
- Unauthorized employment
- Falsification of any kind to immigration officers
- Staying in US after visa experation
- Document or marriage fraud
- Convicted of a felony
Fighting the Deportation Order
As mentioned earlier, there are a few avenues to take to fight the removal. The key is submitting proper documentation and forms, which is one way that your lawyer can help. Proving eligibility to some of the aforementioned solutions is one thing, but your lawyer also knows how to highlight some of the aspects of your life that immigration judges pay attention to such as the following:
–How long an individual has lived in this country.
–Green card or US citizens in your immediate family who may be affected by your departure.
–Employment history, especially if you can show longevity since it tells the judge you are not a liability.
–A history of tax payment, which can be done without a SSN as long as an IRS Individual Taxpayer Identification Number or TIN was used.
–Any and all positive involvement in your community.
–How many violations against US immigration laws were committed.
–History of rehabilitation should you have a criminal history, meaning did you commit one crime or is there a pattern.
There are many other aspects that are going to be under the legal microscope, and it is your lawyer’s job from the Spodek Law Group to polish those aspects of your life. Time is vital in these proceedings, so be sure to not waste any time and consult with a professional as soon as possible. There may be a favorable solution as long as you give yourself and your family a fighting chance.
When you are arrested by ICE, or served with a Notice to Appear, it can be a scary experience. Most immigrants in this situation aren’t sure where to turn to next. Dealing with immigration proceedings alone can be a stressful and confusing process. That’s why it’s best to use the help of an immigration lawyer to make sure your rights are protected. Don’t put your future in the U.S. at risk; get legal representation from a Queens deportation lawyer.
What is Deportation?
Deportation is legally referred to as removal. This process starts when the government finds that an immigrant no longer qualifies to live in the country. Removal is the legal process that occurs through the immigration court system to expel a person from the U.S. The removal process is reserved for immigrants living (or visiting) in the U.S., whether they are here legally or illegally.
There are several reasons DHS may initiate a removal proceeding. DHS may allege that the immigrant has engaged in some sort of fraud to obtain immigration benefits. Action will also be taken if the immigrant is involved with illegal drugs, or is convicted of a crime of violence.
Don’t Expect Help From the Court
Immigration courts are set up to have expeditious proceedings. As such, they are more informal and will not spend extra time on any particular case. Immigration proceedings do not have juries, and a lawyer will not be appointed for you. Furthermore, the judge will not be able to help you build your case, recognize legal issues or assert a defense. Therefore, if you do not have a lawyer, you will be representing yourself against the government’s lawyer who represents the Department of Homeland Security (DHS).
Those who show up to court unrepresented will be expected to answer to the removal charges. At the first master calendar court date the judge will probably suggest that you retain a lawyer. If you do not hire one, you will have to handle the rest of the proceedings by yourself. You will be responsible for providing a legal argument as to why you are not removable from the U.S. If you cannot assert a valid defense and supporting evidence, the immigation judge is required to deport you.
How a Deportation Lawyer Can Help
Hiring an experienced immigration attorney is your best option to fight removal charges. If a lawyer is retained prior to the hearing, he or she can review the charges against you to determine if the government has sufficient evidence. Your attorney can also interview you to find out if any special circumstances exist that would provide you with a deportation defense. Immigration laws are very complicated, and it is hard for the layperson to analzye a case. By hiring an attorney, you may find that there is an applicable defense that you never knew of. If a defense is found, your attorney can advocate on your behalf to the court and prosecuting agency.
Possible Deportation Defenses
Several defenses may be available to you depending on the facts of your case. As an initial matter, your attorney may be able to release you from ICE detention through a bond hearing. A deportation lawyer can help prove that you are not subject to mandatory detention based on background and ties to the U.S.
An attorney may also file a motion to terminate the removal proceedings. This option can be used if there is a lack of evidence surrounding your removability. The most common way removal proceedings can be terminated is if relief is granted that allows the immigrant to remain in legal status. An example of this type of relief is asylum.
Immigrants undergoing removal may also qualify for a waiver. Depending on the circumstances, you may qualify for a waiver of inadmissibility, or a 212(c) waiver. If either of these waivers is granted by the immigration court, the you will be allowed to remain in the country.
Some immigrants can prevent deportation by qualifying for an adjustment of status. In such a case, the immigrant would apply for residency through another family member. Then, the court would grant relief from removal because the immigrant has the opportunity to transition into legal status.
Another possible defense is cancellation of removal. This is a form of discretionary relief that grants permenent residence status in lieu of removal. There are several requirements that must be met in order to qualify for this type of relief. A deportation attorney can assist you in determining if you qualify.
Get Immediate Help!
Immigration cases are time-sensitive matters. Make sure to contact an attorney as soon as you are placed in removal proceedings. This means you should get legal assistance as soon as you receive a Notice to Appear. A deportation lawyer can help you defend your case to the best extent possible.