Nassau Deportation Defense Lawyers
The current climate toward immigration and deportation has a lot of people worried about their legal status in the United States. If you’re concerned or you have an active case pending in Nassau County, you need an experienced immigration attorney by your side to protect your rights. The Spodek Law Group has a high rate of success and more than 50 years of state and federal legal experience in this practice area to recommend them.
What is Criminal Deportation?
Only U.S. citizens or Naturalized Green Card holders have a legal right to remain in the United States no matter what. Green Card holders who have lawful permanent resident status or those who are granted temporary visas can be removed from the country for a variety of reasons. Deportation, which is also called removal, happens at the Federal level.
Criminal removal can occur if you violate immigration laws or are charged with a crime. Once you’ve been deported, you may permanently lose the legal right to return to the United States, even on a visitor’s or student visa. The goal of a deportation defense attorney is to stop that from happening.
What Kind of Violations Can Result in Criminal Deportation?
The most common causes of deportation are due to violations of the law, either immigration or criminal. However, you can also be subject to deportation because of employment or tax-related issues. If your violation falls under any of the categories outlined in the Immigration and Nationality Act (INA), you may even be subject to mandatory, indefinite detention without bond until your case is adjudicated. The length of your residency in the United States makes no difference.
There are many reasons you or a family member could be removed from the country. However, the government must prove its case against you beyond a shadow of a doubt. The most common reasons for criminal deportation proceedings are:
– Weapons possession
– Sex offenses
– Violent crimes
– Property crimes, including theft or burglary
– Fraud, including identity theft, credit card fraud, and passport or visa fraud
– Domestic crimes, including stalking or endangering the welfare of a child
– Tax evasion
– Illegal employment, including working off the books
What Happens if I’m Charged With a Crime?
You don’t have to be charged with a felony to be deported, and you don’t necessarily have to be convicted. That’s why it’s essential to contact an experienced criminal attorney who’s well-versed in immigration law as soon as you or a loved one has been arrested. It doesn’t matter if you think the offense is serious; it may still cause removal proceedings to be initiated.
Is There Any Way to Fight Criminal Deportation?
Currently, there are nearly half a million people awaiting deportation hearings in immigration courts across the country. Some perceived violations stem from a misunderstanding or misinterpretation of the law. There are several possible remedies that can prevent removal, including waivers or mandatory relief. These are some of the most common, and your lawyer can provide more information.
1. Adjustment of Status – This is usually petitioned by a spouse or employer when the visa holder seeks to change their status to lawful permanent resident. Eligibility is limited to those who meet the provisions under § 245 or 245 (i) of the INA, or under section § 249 for those who entered the U.S. before January 1, 1972.
2. Cancellation of Removal – You may be eligible for relief if you are a lawful permanent resident with seven years of continuous residency – meaning you cannot have left the United States for any reason – or a non-lawful resident with more than 10 years of continuous residency, and you can prove that your removal would place an undue burden on your family.
3. Cancellation of deportation under the Violence Against Women Act (VAWA), which is available to victims of domestic abuse married to U.S. citizens or lawful permanent residents.
4. You can avoid deportation if you meet the requirements for asylum or refugee status under section 208 (a) of the INA, under the terms of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), under Nicaraguan Adjustment and Central American Relief Act (NACARA), or you qualify for Withholding of Removal under the United Nations Convention Relating to the Status of Refugees.
5. Voluntary Removal – You must agree to return to your home country or a country other than the United States or one of its territories, voluntarily and at your own expense.
Contact A Nassau Deportation Lawyer to Discuss Your Case
Spodek Law Group is available 24/7, whether you need immediate legal assistance or you’re just worried about your case. Don’t hesitate to contact us when you need an attorney who cares about you.