Spodek Law Group

NYC Criminal Deportations Lawyers

You have finally been admitted into the United States as a permanent citizen. Now all you have to do is not commit or be involved in certain crimes. However, if you have been accused of an offense, contact a New York deportation lawyer, even if you aren’t guilty. A New York criminal deportation lawyer will help you challenge your charges to keep you from being deported.

In certain cases, if you have never been convicted of a crime you can still be deported simply by engaging in certain acts like prostitution or drugs. There are specific crimes which are considered a violation or a misdemeanor. If you have been accused of them, it still affects your immigration status to remain in the U.S. The crimes that are a violation of your stay, includes the following:

• Aggravated felonies like drugs or murder
• Domestic violence
• Fraud convictions
• Petty larceny
• Possession of a weapon
• Sex offenses
• Terrorist claims
• Theft offenses

Suppose you are a green card holder and you were convicted of a crime, but your lawyer was able to get you probation. Normally you could have been placed under removal proceedings with results of a mandatory detention in an immigration holding away from family and loved ones. You could also be ineligible for a waiver of deportation. People who are subject to mandatory detention will have to fight to be released on a bond while their removal case is pending.

Any non-citizen who is arrested can not be released without an immigration bond issued by an immigration court judge. This is when an immigrant needs a deportation lawyer who can represent you at the bond hearing. Your criminal deportation lawyer can argue that you should be granted a bond because you are a steady worker and your family needs your support.

This earnest pleading can be in support of your bond because your lawyer can argue that it shows you in good faith. This means that you will appear at all required court hearings and that you will adhere to other bond requirements necessitated by the court.

The Immigration and Nationality Act has a category (§236(c)) for non-citizens who are subject to mandatory detention for committing crimes. In 2003, the Supreme Court issued a decision in Denmore v. Kim, 123 S. Ct. 1708 where the Court under INA § 236(c)) stated that the government could structure classes of rightful permanent residents without holding a bond hearing to determine if the non-citizen could possibly pose a flight risk or is a danger to society.

Depending on your crime and to keep you from being deported, your criminal deportation lawyer will discuss ‘waivers of deportation’ forms or other types of deportation relief forms. Some of the waiver forms that your lawyer can file on your behalf, includes the following:

• Cancellation of removal or deportation
• Suspension of deportation
• Voluntary departure
• Adjustment of Status
• Asylum, et. al.
• INA Waivers

Waivers under INA sections like:

a. § 212(c) – a waiver that allows permanent residents threatened with deportation due to a criminal act to keep their green cards and remain in the United States. However, this judgement is solely based on the discretion of the Immigration Judge after they have heard all the evidence.

b. 212 (h) waiver – This waiver allows an immigrant to get legal status through a family member.

c. § 212(i) – waiver of certain crimes due to non-admissible grounds.

As an example, a Cancellation of Deportation/Removal is a favored option that could get your removal proceedings cancelled. If a non-citizen has lived in the U.S. for several years, they have a family, they go to work, and they have never committed a crime before, then a criminal deportation lawyer can have your removal canceled using the premise of extreme hardship on the family.

However, if you are in the removal proceedings phase, your hearing will take place at the Immigration Court before a judge. It was once the U.S. Immigration and Customs Enforcement (ICE) who investigated and initiated removal proceedings, but today it is the Department of Homeland Security who issues Form I-862, Notice to Appear.

The Notice to Appear details the charges to which the immigrant is charged and their grounds for removal. The charged immigrant is given a chance to present evidence that they are not removable as charged or that they qualify for removal relief.