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.

If you are someone who is not a United States citizen but who has been living in the United States, either permanently or temporarily, then facing deportation and removal issues can be a big problem. Right now, you might be feeling incredibly afraid and nervous about what is going to happen. You might be very worried about the prospect of being sent back to your home country and leaving behind family, friends and the life that you might have built in the United States.

It is very important to take these situations seriously. If you are currently facing deportation or other immigration-related issues, you should not try to handle the situation yourself. Instead, you should hire an experienced attorney who is accustomed to working with people in this situation. Then, you can get the legal advice and help that you need during this difficult time, and you can help reduce the chances of being sent back to your home country.

Detention Because of Immigration Issues

Many individuals who are facing immigration issues face mandatory detention. Unfortunately, you cannot place bond and get out of detention until your immigration issue has been resolved. Fighting your case from inside of a detention facility can be very difficult, and sitting in a detention facility when you would rather be out with your family and friends can be hard. An experienced attorney can help determine whether or not you should actually be kept in detention. If not, he or she can fight to have you released until your case is handled in immigration court. If you are, in fact, subject to mandatory detention, your attorney can fight for you on the outside and in court.

Deportation

Of course, along with being concerned about being detained, the primary thing that you are probably worried about is being deported. There are many reasons why a person might be deported. If you have been deported from the United States before, for example, you could be subject to deportation again. Those who have been convicted of certain crimes, such as drug-related offenses, are also subject to deportation.

There is a common misconception that misdemeanors and other lower-level offenses do not put someone at risk of being deported. This is not true. Even if your criminal charges were not serious, you could still be at risk of being removed from the United States. It is imperative that you work with an attorney so that he or she can help you with your case and help you stay in the United States.

Avoiding Deportation

There are a few different alternatives to deportation. Your attorney can talk to you about the specifics of your case and can help you determine what options might be available to you.

For example, you may be able to seek asylum or get a waiver so that you can avoid deportation. If it does not seem as if there are any options that can help you stay in the United States, your attorney can talk to you about voluntary departure. Even though this will result in you having to leave the United States, departing on your own rather than being deported may make it possible for you to re-enter the United States in the future.

Hiring an Attorney

Even though countless people handle their own immigration cases each year, this generally is not recommended. Immigration law is complicated, and many people don’t know about all of their options. It can be particularly difficult to navigate immigration law when you are a non-citizen who might have difficulty communicating in English. A lawyer who is knowledgeable about immigration law can talk to you about the specifics of your case. Many immigration lawyers also have bilingual staff members and may work with translators who can help. The sooner that you contact a lawyer to talk about your case, the better, so contact us today so that we can schedule an appointment to meet with you.

Nassau County and Immigration

Nassau county lies just across the city lines from the borough of Queens. Nassau is not part of New York City. However, it is part of New York state and part of the greater New York City area. Many people who live here commute to jobs in parts of New York City. Many people are drawn to this part of the state. The county has many parks and easy access to the shore all year long. County officials also provide county members with access to schools that are considered some of the best in the country. It is not surprising that Nassau county also draws in those who are search of economic opportunity. This relatively affluent community is a magnet for those who are looking for well paying work. Some people who come here do so without permission of the federal government. Those who do not have sanction from the federal government may be in danger of being removed from the country at any time. If people have committed other crimes, they may also be facing additional charges that can lead not only to being sent home but also to jail time.

Each Person’s Rights

All people have rights in Nassau county even if they are not in the country legally. Each person is entitled to have counsel at their side during any legal proceedings. They are also entitled to have counsel when at a hearing concerning any potential jail or prison time. Laws that apply to residents of the United States may not apply to nationals from other countries. Such laws may also require that local officials let the person have access to representation from their own country and help in the event they are facing criminal charges. Another government may also have a claim on the national, especially if they have violated laws in that country. Nassau country officials are well aware of such laws. In recent decades, they have seen a wide influx of people from other parts of the globe who have come here without permission. Consequently, there are legal systems in place that are designed to provide for the needs of all those who are living here illegally. These systems are designed to make sure that any and all laws pertaining to immigration are carried out in accordance with all laws. They are also designed to make sure that no one’s human rights are violated in the process.

Some Leeway

Laws that govern immigration carry at least some discretion. Local officials may choose not to arrest someone they do not believe poses a threat. They may also decide not to prosecute people for crimes that they feel are not dangerous. A law enforcement official may also avoid deportation proceedings even if they do decide to charge the person in question with a violation of the laws. Someone may be facing a prison term but the area officials may decline to proceed further and avoid pressing for the person to be deported. This kind of discretion allows any lawyer representing the person to have at least some leeway to assist their client. They can often bargain with officials about the terms that may apply to their client and how such terms are carried out. Fore example, they may agree to a greater charge in return for avoiding the possibility of deportation.

Insightful Counsel

Insightful counsel can also help in other ways. A skilled lawyer may be able to convince local officials to provide help for their client. For example, someone may be facing gang violence or domestic violence back home or even here in Nassau county. In that case, the defendant may qualify for certain forms of help and even perhaps a legal visa. A person may also have help that enables them to avoid getting family members caught up as well. For example, a person who is facing criminal deportation charges may have other relatives who are also facing such charges. In turn for the person’s help, the lawyer may be able to get their relatives leniency from the local and even national government. A good criminal deportation lawyer will consider all possible angles and figure out which one really works best for their client.