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Bronx Criminal Deportation Lawyers
According to statistics from US Immigration and Customs Enforcement (ICE), 226,119 people were deported from the US in 2017. This agency is responsible for enforcing immigration laws. However, before a person can be deported, they must be given the chance to show why they should not be made to leave the country. A Notice to Appear will be sent to you if deportation proceedings have been initiated. Knowing your rights can be very beneficial in presenting a defense against removal.
Reasons for a Notice to Appear
Even if you are in the US legally and you are convicted of a crime, deportation proceedings can be initiated. The crime does not have to have been recent. It may have occurred years ago. However, you do have the right to challenge being deported. It is especially helpful if you have not been in trouble for many years.
There are several reasons you may receive a deportation order. A few of these include:
- Lying on a visa application
- Is considered to be a threat to national security
- Is illegally residing in the US
- Is ordered back to their native country to stand trial (also called extradition)
- Committing a marriage fraud
- Committing an aggravated felony while residing in the US
It is the government’s responsibility to present evidence showing why you should be deported. There are several steps in a deportation hearing, and hiring an experienced Bronx criminal deportation lawyer can help you to know what to expect and how to proceed.
During your first hearing, the Master Calendar Hearing, an ICE lawyer will be present. You will appear before an immigration judge and be informed of the charges against you. At this point, you may not have a lawyer, but you will be advised of your right to hire one.
Your Right to Fight Deportation and Defenses
If you receive a Notice to Appear, you will have the right to fight removal. Depending on the reason for the deportation order, you will have several options to apply for relief and possibly remain in the country. This is why it is so important to have an attorney to aid in preparing your defense. What are some of the arguments against deportation?
Application for Cancellation Removal – You are only eligible for this application to be granted one time. If it is granted, you will be forgiven the reason for the original deportation order and returned to the status of a legal permanent resident of the US. Providing evidence such as witnesses that can testify to your good character can be very helpful when the immigration judge makes a decision.
Waivers of Excludability and Deportability – Waivers are one of the most common defenses, but they do require that you prove deportation would cause hardship to family members or yourself. Family members optimally would include a spouse, children, or parents who are legal residents of the US. It will be in your favor if you have lived in the US for a long period of time and have strong family ties in the United States.
Adjustment of Status – If you are the child, parent, widow(er), or spouse of a citizen of the US, you may be able to apply for your status to be adjusted to a lawful permanent resident.
Asylum – If you can prove a fear of persecution if you return to your native country, you may ask for asylum. This can include persecution for political or religious beliefs, race, nationality, or belonging to a certain social group. Once granted asylum, you can apply for permanent resident status after a year.
Voluntary Departure – One option that can be beneficial if there is no other type of relief available, is to apply for voluntary departure. If approved, you will have four months to get your affairs in order and leave the US. This is generally approved if you can show that you were of good moral character for five years before applying for the relief. In addition, you will be eligible to return to the US at a later time.
Each application for relief from deportation depends on the immigration judge. Contact the Spodek Law Group for help preparing the best defense possible if you are facing a deportation hearing.
Bronx Deportation Defense Lawyers
The Bronx is one New York City’s most vibrant places. This is the only part of New York City that is part of the mainland United States. Over a million people live here. Some of the people who live in this part of the country are not here legally. As such, any encounter with law enforcement officials may trigger all kinds of consequences. A single traffic violation may create a cascade of issues such as deportation. Deportation means that the person must leave the United States. They may be barred for a decade or for even for the rest of their lives. Because the region’s large population, many law enforcement officials are well aware of the kinds of issues that any given migrant may face as a result of immigration system laws. Such laws are well understood by many in the community as well. This is why so many people here realize the importance of a good Bronx deportation defense lawyer.
Varied Kinds of Possibilities
Even after a court request, this does not mean that the person will face automatic deportation. There are still many kinds of options that may be possible for each applicant. For example, someone may qualify for what is known as Cancellation of Removal. This is a possibility for Green Card holders and others who have lived in the United States for a certain period of time. If someone can demonstrate that their removal might cause hardship to an American citizen, the deportation order can be cancelled. There are also other options that people may not even know about. A battered non-citizen who is living with someone who has abused her may qualify for the ability to remain in the United States even if that person is violation of American immigration laws. Another law protects people who may be facing a problem with the possibility of physical violence in their lives should they be forced to return home. Other sorts of protections may also be applicable in a given person’s case. A good lawyer is one who is aware of the many kinds of laws that can apply to any person.
The Process
The process of deportation can take a long time. It can also be quite quick. Anyone who is facing such issues should be aware of the kinds of procedures that may apply to them in the aftermath of any sort of arrest. They can face many kinds of law enforcement officials during the process. A local police officer may not be well versed in immigration procedures or may have had many such encounters but chooses not report the person for being in this nation without permission. It’s a good idea to understand just how much discretion is available to the local authorities. They also know the court system well and understand how each judge views certain laws. A judge may decide that the person’s case may need further investigation. The judge may also suggest a specific lawyer to the defendant to help them mount the best possible defense. It’s a good idea to listen carefully to the judge as they can often influence what kind of further actions should be taken in regards to the defendant’s personal circumstances.
Other Defense Options
Each person will have specific issues that may or may not apply to them. For example, someone may decide to leave of their own volition. Doing so can be a good option for someone who wants to avoid a large bill and perhaps has few ties to the United States and the Queens area. In that case, they can simply agree to return home without any kind of financial consequences. The defendant typically agrees to leave within sixty to a hundred and twenty days. In other cases, the person may find out that proper procedures have not been carried out in their case. A good lawyer can help discover any problems with the procedure. If such issues happen, the charges against the person may be dismissed entirely. Thoughtful legal counsel can help anyone decide what they should do as they face Bronx deportation charges. Helpful legal assistance with the entire process of deportation procedures is vitally important when in any Bronx court.
On TV, radio, internet or print media, people always hear about the need to fix the broken immigration system. While politicians and media pundits debate this issue, many immigrants get lost in the shuffle, even finding themselves vulnerable to deportation. Such a prospect can mean job loss or even family separation so waiting on Congress is not an option. Spodek law group deals with the system as it is, not as we would like it to be. With in-depth knowledge of the statutes, case law and bureaucracies involved in immigration, we assure our clients a full and fair resolution of their residency status.
Who Can Be Deported?
Non-citizens of the United States–including legal permanent residents–are subject to removal from U.S. territory if convicted of certain crimes as enumerated in the Immigration and Nationality Act. Those transgressions include:
- Illegal drug possession or sale
- Sex crimes like prostitution or child pornography
- Theft
- Fraudulent use of credit cards or passports
- Illegal possession of a firearm
- Domestic violence
As demonstrated, the crimes do not have to rise to the level of aggravated felonies (murder, for example) to warrant the penalty of deportation. Conviction of a wide variety of criminal acts can affect immigration status and the eligibility to keep a job. Those found guilty should not assume that jail time or fines paid prevent further action by U.S. Immigration and Customs Enforcement (ICE). Talk to a seasoned attorney before hearing from the government.
How a Lawyer Can Help
Indeed, simply entering the United States when deemed ineligible is viewed as a crime. Yet experienced attorneys have several tools at hand to aid immigrants under threat of removal.
1. A waiver of removal is possible if the non-citizen can demonstrate that an unreasonable burden will afflict the immediate family should deportation happen. The likelihood of getting a waiver is higher when the family has lawful permanent residents or actual citizens among its number.
2. A suspension of removal proceedings is attainable if–in addition to the extreme hardship criterion previously noted–the applicant can prove continuous residence in the U.S. for seven consecutive years. Also, he or she must present evidence of good moral character.
3. A judge may grant an adjustment of status if the immigrant can show a parent, child, widow or marital relationship to a U.S. citizen. If granted, the adjustment confers lawful permanent residency. This does not guarantee that deportation will never again come up; it simply closes the specific case in question.
4. Voluntary departure is certainly nobody’s first choice to avoid deportation but it does keep this extreme measure off the record. In so doing, it strengthens the immigrant’s chances of re-entry and legal residency status down the road. In order to receive voluntary departure recognition, the applicant must not be guilty of any aggravated felonies; have the financial means to cover travel expenses; who likewise maintain a history of good moral character; and who leave within the time window established by the immigration judge.
What Next?
Above all, immigrants in danger of deportation should contact an attorney who understands these options (and the others that are available). Immigration lawyers are most effective when long experience is their guide. Spending years before immigration judges; knowing local ICE officials; and understanding the difficulties encountered by non-citizens build competence and excellence in a deportation legal expert. Such professionals are found at the Spodek Law Group. Call us any time for a free and confidential consultation.
Deportation and Immigration Law in the United States
Definition and Differentiation
Deportation often refers to the dismissal of an individual or a group of people from a country or place. The definition is applicable for both nationals and foreigners. The United States differentiates between the expelling of a national and foreigners that many refer to as deportation. Deportation refers to the exclusion of a foreigner out of the country in case of being there illegally with no execution of punishment. On the contrary, in case an individual of that country is accused of an offence against the laws of the nation, it is referred to as extradition or banishment.
Crimes Leading to Deportation
- Among the crimes that make an individual deportable are aggravated felonies that encompass murder, trafficking of firearms or explosives, drug trafficking, a crime of intensity with a verdict of at least a year among others.
- The question of how long it takes for an individual to be deported is frequent. It instigates with a succession of trials with a bond hearing being the first. It commences ten to fifteen days later. What follows is a full hearing corresponding to criminal prosecution from which the judge gives a ruling of deportation or otherwise. Such an occurrence depends on whether one has received a Note to Appear (NTA).
The Need for an Immigration Lawyer
In case of deportation or issues with the citizenship in the United States, this is when the need for an immigration lawyer arises. An immigration lawyer refers to a sovereign practitioner in charge of assisting clients to deal with a varied array of problems. Some of the issues that are handled by immigration lawyers include matters regarding green cards, US citizenship, visas among immigration welfare issues. The fact that the US immigration law is at the federal level opens options for acquiring a lawyer from any state regardless of where you reside.
Specific Issues and Benefits
- There are, however, there are specific issues that are exempted from the need for such lawyers. Having an immigration attorney would be beneficial economically and time conscious.
- You will need an immigration lawyer in case you are finding it challenging to acquire a USCIS green card or residency.
- Business opportunities in the west will always attract financiers to set foot in the United States. This calls for an application of an investment-based permit.
- Every transaction has a cost. Most of these lawyers will charge their client a flat $100 for the initial appointment.
- Immigration laws are exceptionally time-conscious as there are cut-off dates for submitting requests.
- It is advisable to contact an attorney when one is worried about their immigration status to avoid severe penalties.
