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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.
NYC CRIMINAL DEPORTATION Lawyers
Those here in the country without citizenship often face frightening situations if they are accused of a criminal act. Unlike other citizens, illegal aliens that are found guilty of a crime of moral turpitude could face deportation. The meaning of these vague moral crimes are left open to interpretation in many cases. It is highly advisable for people in this sort of situation to immediately get in touch with a NYC law firm that represents immigrants in criminal deportation cases. The NYC criminal Attorneys of the Spodek Law Group urge immigrants or their family members to call for a completely free no obligation consultation.
The qualified attorneys that work for this compassionate city law firm understand the complexities of immigration law. They have lawyers and legal staff that speak a number of the commonly spoken languages of immigrants living in the NYC area. This includes Spanish, Russian, Hindi, Chinese and Punjabi, and this team will ensure that their clients understand the legal actions taken against them in their own language. Many of the lawyers working for this firm have once been immigrants too, and they are especially sensitive to the plight of those facing deportation back to a country that they might have fled due to wars, abuse and other atrocities.
Individuals that are in this situation should understand that having the proper legal representation can make all the difference in the world. This law firm is noted for offering their services to immigrants at the lowest rates in the region. There are also easy payment plans that clients can take advantage of if they need to. There are time limits on these moral crimes that a lawyer can investigate to see whether the charges should stand or be dropped due to not meeting the strict time limits for charging the person.
Sometimes individuals get into trouble and leave the country to avoid prosecution. They might get back into the country at a later date, but they might find they are facing charges for the crime that they committed a long time ago. Since they had left, the clock time for filing criminal charges is different. It takes a skilled lawyer trained in the criminal defense of immigrants to properly represent the clients to get the best scenario. With the political climate and vocal opposition to immigrants, it is more important than ever for immigrants to retain an attorney that truly cares about their plight.
Since immigrants often find that ICE agents and law enforcement officers work at all hours of the day or night, it is crucial to find a law firm able to offer 24/7 emergency legal services like the attorneys at Spodek Law Group in New York City do. There is an office in Manhattan able to explain all of their services. Those wanting to find a way to become an American citizen should consult with these passionate and hardworking lawyers that will fight to get their clients the legal citizen status that they so desire.
These top rated lawyers are ready to fight for your rights. Even if the client feels that they don’t have rights, these lawyers know better. Many worked as prosecutors, so they fully understand the way that a criminal case gets tried in the court system. Now working to protect the rights of the accused, these attorneys will know exactly what is necessary for the other side to prove their case beyond a reasonable doubt. Immigrants, like all other residents of this country, can seek the same legal representation that our laws allow everyone to have. People are innocent until proven guilty under our laws.
There are times when certain crimes are considered misdemeanors and are not subject to deportation laws if the accused is an immigrant. A competent lawyer can ensure that the charges brought against their client are actually valid charges. There are also additional situations where a crime could get a lesser sentence or none at all. It pays to consult with a legal team up-to-date on all current immigration laws that seem to have changed rapidly in these past few years. Find out more regarding how the experienced lawyers can help by visiting https://www.nyccriminalattorneys.com to learn mor