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.