Criminal Defense Lawyers

2024 How Can Immigrants Fight Deportation After a Criminal Conviction in New York?

Facing Deportation After a Criminal Conviction in New York? Here’s What You Need to Know

So, you or a loved one got hit with a criminal conviction in New York, and now you’re worried about the impact on your immigration status, right? Well, take a deep breath, because while it’s a serious situation, there are strategies you can use to fight potential deportation.Let’s start with the bad news – certain criminal convictions can absolutely threaten your ability to stay in the U.S. as an immigrant. But, the good news is that not all convictions automatically lead to deportation. With the right legal defense, you may be able to avoid removal or even get your immigration status adjusted.

The Consequences of Criminal Convictions for Immigrants

First things first, let’s look at the types of convictions that can put your immigration status at risk:

• Aggravated Felonies: These are considered the most serious crimes from an immigration perspective. Convictions for offenses like murder, drug trafficking, firearms trafficking, rape, and fraud can cause you to be deported with little to no relief available.
• Crimes Involving Moral Turpitude: This ambiguous category generally includes crimes that involve an intent to defraud, steal, or do harm – think domestic violence, DUI causing injury, theft, etc. Even seemingly minor offenses could fall into this category.
• Drug Crimes: Any conviction related to controlled substances, from simple possession to trafficking, can be grounds for deportation proceedings.

The consequences can vary based on your specific immigration status and criminal history. Lawful permanent residents (green card holders) may lose their status, while undocumented immigrants face an even higher risk of removal.But, don‘t panic just yet. There are defense strategies you can employ to fight back.

Strategies for Fighting Deportation After a Conviction

So, what do you do, if you get hit with one of these things? Well, here are some potential defenses an experienced NYC immigration lawyer can explore:

1. Argue the Crime Doesn’t Fit the Classification

You may be able to argue that your specific conviction doesn‘t actually meet the criteria for an “aggravated felony” or “crime involving moral turpitude.” The language of the criminal statute matters more than your actual conduct. If the law is broad enough to cover non-turpitudinous acts, you have a defense.

2. Apply for a Waiver of Removal

Certain immigrants, especially long-term green card holders, may qualify for a waiver that allows them to remain in the U.S. despite a conviction. But the requirements are strict, so you’ll need skilled legal help.

3. Appeal the Conviction

If your case is recent, your lawyer can work to appeal the conviction itself on various grounds – like lack of evidence, constitutional rights violations, or procedural errors. A successful appeal can eliminate the basis for removal proceedings.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

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2024-03-12

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2024-02-28

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divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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4. Highlight Mitigating Factors

Even if you can’t get the conviction overturned, presenting mitigating evidence about your ties to the community, rehabilitation efforts, and other positive factors can help sway an immigration judge.

5. Seek Asylum or Other Relief

In some cases, you may qualify for asylum, withholding of removal, or other protections if you can show a credible fear of persecution or torture in your home country.The key? Act quickly and get an experienced immigration attorney involved from day one. The strategies will vary based on the specifics of your criminal case and immigration situation.

Why You Need a Skilled NYC Immigration Lawyer

Look, trying to navigate this legal minefield alone is a recipe for disaster. Immigration law is incredibly complex, and the rules are constantly shifting. Having the right NYC immigration lawyer in your corner is crucial, for a few key reasons:

• They know the ins-and-outs of the law and can identify all potential avenues for relief based on your unique circumstances.
• They can ensure you meet strict deadlines and filing requirements, which are unforgiving if missed.
• They’ll leverage their experience to negotiate with prosecutors and immigration officials on your behalf.
• They can prepare a comprehensive, fact-driven defense to present the strongest possible case in court.
• They understand the local practices, personalities, and unwritten rules of NYC immigration courts.

So, don‘t take chances with your future in the U.S. Hire a reputable NYC firm that specializes in criminal immigration matters and has a proven track record of success.

The Bottom Line on Fighting Deportation

Look, there‘s no sugar-coating it – a criminal conviction as an immigrant is an incredibly serious situation that demands an aggressive legal response. But, you have rights, and with the right defense strategy, it may be possible to avoid deportation.The key is getting out in front of the issue immediately. Speak to an experienced NYC immigration attorney, be fully transparent about your situation, and get a clear game plan in place. It could make all the difference in keeping your family together and maintaining your life in the United States.So, don’t go it alone, and don’t lose hope. With the right legal team in your corner, you can fight for your future. But the clock is ticking, so take action today.