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WE'RE A BOUTIQUE NYC CRIMINAL DEFENSE LAW FIRM. YOU WORK WITH ONE OF OUR SENIOR ATTORNEYS PERSONALLY.

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Bronx Criminal Deportation Lawyers

According to statistics from US Immigration and Customs Enforcement (ICE), 226,119 people were deported from the US in 2017. This agency is responsible for enforcing immigration laws. However, before a person can be deported, they must be given the chance to show why they should not be made to leave the country. A Notice to Appear will be sent to you if deportation proceedings have been initiated. Knowing your rights can be very beneficial in presenting a defense against removal.

Reasons for a Notice to Appear

Even if you are in the US legally and you are convicted of a crime, deportation proceedings can be initiated. The crime does not have to have been recent. It may have occurred years ago. However, you do have the right to challenge being deported. It is especially helpful if you have not been in trouble for many years.

There are several reasons you may receive a deportation order. A few of these include:

  • Lying on a visa application
  • Is considered to be a threat to national security
  • Is illegally residing in the US
  • Is ordered back to their native country to stand trial (also called extradition)
  • Committing a marriage fraud
  • Committing an aggravated felony while residing in the US

It is the government’s responsibility to present evidence showing why you should be deported. There are several steps in a deportation hearing, and hiring an experienced Bronx criminal deportation lawyer can help you to know what to expect and how to proceed.

During your first hearing, the Master Calendar Hearing, an ICE lawyer will be present. You will appear before an immigration judge and be informed of the charges against you. At this point, you may not have a lawyer, but you will be advised of your right to hire one.

Your Right to Fight Deportation and Defenses

If you receive a Notice to Appear, you will have the right to fight removal. Depending on the reason for the deportation order, you will have several options to apply for relief and possibly remain in the country. This is why it is so important to have an attorney to aid in preparing your defense. What are some of the arguments against deportation?

Application for Cancellation Removal – You are only eligible for this application to be granted one time. If it is granted, you will be forgiven the reason for the original deportation order and returned to the status of a legal permanent resident of the US. Providing evidence such as witnesses that can testify to your good character can be very helpful when the immigration judge makes a decision.

Waivers of Excludability and Deportability – Waivers are one of the most common defenses, but they do require that you prove deportation would cause hardship to family members or yourself. Family members optimally would include a spouse, children, or parents who are legal residents of the US. It will be in your favor if you have lived in the US for a long period of time and have strong family ties in the United States.

Adjustment of Status – If you are the child, parent, widow(er), or spouse of a citizen of the US, you may be able to apply for your status to be adjusted to a lawful permanent resident.

Asylum – If you can prove a fear of persecution if you return to your native country, you may ask for asylum. This can include persecution for political or religious beliefs, race, nationality, or belonging to a certain social group. Once granted asylum, you can apply for permanent resident status after a year.

Voluntary Departure – One option that can be beneficial if there is no other type of relief available, is to apply for voluntary departure. If approved, you will have four months to get your affairs in order and leave the US. This is generally approved if you can show that you were of good moral character for five years before applying for the relief. In addition, you will be eligible to return to the US at a later time.

Each application for relief from deportation depends on the immigration judge. Contact the Spodek Law Group for help preparing the best defense possible if you are facing a deportation hearing.

by Leonard on Spodek Law Group
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