Resolving Deportation or Removal
Those under direct threat of deportation or removal are probably looking for some kind of relief. Well, the people at the Spodek Law Group may be able to provide some light at the end of the tunnel. No one is saying that a solution will be found, but your chances are greatly improved with an experienced attorney by your side interpreting NY immigration law.
Understanding the Detention Process
It is important to note that Section 236(c) of the Immigration and National act is quite broad regarding immigrants. This means there could be many reasons why immigration law officers will place someone under mandatory detention. Keep in mind that even lawful permanent residents can be held in these containment cells without bail as the officers figure out if you are a flight risk. This means that this individual will have to fight deportation while being detained. Spodek Law Group understands how hard this might be for all involved, which is part of the reason this issue needs to be addressed by an attorney as soon as possible.
Are You Going to be Deported?
This is the main question those in this predicament have. There are a number of crimes that would warrant a deportation, which makes the services of an immigration attorney important. Still, the most common crimes to worry about are the following:
- Drug offenses
- Sex-related offenses
- Any type of fraud
- Burglary and other theft offenses
- Aggravated felonies like rape or murder
- Convictions involving moral turpitude
- Domestic violence
- Possessions of weapons
Is There a Way to Stop Deportation?
Relief or waivers are issued, but they depend on the details of your case. Still, the following are some ways you can find relief:
- Cancellation of deportation
- Waivers under INA 212(c)
- Waivers under INA 212(h) and 212(i)
- Suspension of deportation
- Voluntary departure
- Status Adjustment
- Asylum, withholding of removal, and protection under Article 3 of the UN Convention Against Torture
There are some options, but there are no guarantees in law, so make sure you understand that, and be leery of any lawyer who makes promises regarding outcomes of these proceedings. Your lawyer is going to encourage the judge to consider solutions using facts like the following:
- Length of stay
- Family members who are US citizens
- Employment history
- Tax payments
- Community involvement
- Violation history of immigration laws
- Criminal history
- Hardships that US citizens in your family could suffer
Of course, the immigration judge is going to weigh in all the positive aspects of your life against your criminal history. A judge will disregard the positives if there are enough negatives in your history because you pose a danger to this country. Keep in mind that this US Immigration and Customs Enforcement agency can still appeal the immigration judge’s decision. This appeal goes directly to the Board of Immigration Appeals, and it happens more than you can imagine, so a win does not necessarily mean victory. Some cases even wind up in federal court, so you might need to retain an immigration lawyer longer than you think.
Spodek Law Group is filled with seasoned immigration lawyers who will ensure that your representation is sound and effective. Many winnable cases are sometimes lost for solvable issues, such as the poor submission of paperwork or evidence. These are the kind of mistakes you do not want to make now and a good attorney can prevent. Consult with one of the lawyers in this firm to see what can be done to turn this case around in your favor.