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Queens Criminal Deportation Defense Attorneys
Queens Criminal Deportation Defense Attorneys
A person who has been legally admitted to the United States with permanent residency can still be deported under certain circumstances. There are crimes known as deportable criminal offenses, and if an individual is charged with one of these crimes, it is imperative that he or she seek help from an experienced criminal deportation defense attorney. An experienced criminal deportation defense attorney may be able to challenge the criminal charges and prevent deportation from the United States. Criminal deportation cases can be complex, which is why avoiding deportation is best avoided with a skilled criminal deportation attorney at your side.
Crimes of moral turpitude and aggravated felonies are deportable offenses. In addition, the following offenses could put an individual at risk for deportation:
Offenses relating to controlled substances
Crimes of domestic violence or stalking
High speed flight
Terrorist activities
Firearm crimes
Failing to register as a sex offender
Sabotage
Espionage
Crimes of Moral Turpitude
The Board of Immigration Appeals defines a crime of moral turpitude as a criminal offense that is inherently evil, depraved, and goes against the accepted standards of morality. The intentions that motivate these crimes are thought to be malicious or vile and questions the moral character of the defendant. Crimes of moral turpitude can be felonies or misdemeanors.
Although there are many, here are some specific criminal offenses that are considered crimes of moral turpitude that warrant deportation:
Prostitution
Third and second degree forgery
First degree reckless endangerment
Fourth degree criminal possession of a weapon
Fifth degree possession of stolen property
Third degree robbery
Fourth degree sale of marijuana
Third degree stalking
Forcible touching
Petit larceny
Grand larceny
Second degree menacing
Child abuse
First, second, and third degree assault
How to Prepare for a Deportation Defense
Although most individuals are familiar with deportation defense or deportation proceedings. Congress changed the immigration laws and eliminated the term known as deportation proceedings. If an individual is in the process of being deported in the United States, it is now know as removal proceedings. In addition, Congress did away with the Immigration and Naturalization Service (INS).
There are two immigration courts in New York City. One is located at 26 Federal Plaza, and the other immigration court is located at 201 Varick Street, which handles detained deportation cases. The United States Immigration and Customs Enforcement, which is known as ICE, is the agency that now handles deportation removal proceedings.
If you receive a notice to appear for a removal proceeding, you are known as the respondent. The removal proceedings will officially start when an individual is served a notice to appear in court. A notice to appear for removal proceedings will charge with respondent illegally being in the United States. In the notice to appear, there will be an explanation of how the respondent violated the Immigration and Nationality Act.
There are two variations of hearings in immigration court, which are known as master calendar hearings and individual hearings. A master calendar hearing typically doesn’t require testimony, and judges will sometimes schedule multiple cases for one hearing. In most situations, an immigration judge will receive cases on a first come, first serve basis. Most master calendar hearings will typically take about 15 minutes. However, it is advised to arrive early for a master calendar hearing to avoid having to wait for hours before your case is heard in front of the judge.
During a master calendar hearing, a criminal deportation defense attorney will take oral pleadings. Oral pleadings give the respondent an opportunity to provide an explanation of the allegations. There are times when the allegations and charges that were issued in a notice to appear can be challenged, which could lead to dismissal of the proceedings.
If a judge finds an individual’s charge warrants removal from the United States, an individual will need to apply for relief from removal. When an individual is ineligible for relief from removal, he or she will be deported. There are many forms of relief from removal that include:
Withholding of Removal
Asylum
Adjustment of Status
Cancellation of Removal
Relief Under the Convention Against Torture
Voluntary Departure
Relief pursuant to INA § 237(a)(1)(H)
Waivers of Inadmissibility Pursuant to INA §§ 212(c), 212(h), and 212(i)
Master calendar hearings also enable an individual to apply for relief from removal, submit any evidence that supports an application for relief from removal, and submit applications for relief of removal.
An individual hearing takes place when a judge hears only your case. Merits hearings are typically carried out at individual hearings. A merits hearing is when the court carries out a trial for application of relief. The testimony that is taken during an individual hearing will be used to determine if an individual should be deported or stay in the United States.
If you are facing criminal deportation charges, it is vital to seek a Queens criminal deportation lawyer with expertise in criminal defense and immigration laws. This will ensure that your rights are protected and yields the best chances of a successful outcome.
When you’re under threat of deportation, your entire life hangs in the balance. It’s crucial to have the best legal defense available to help fight for your right to remain in the country. Without an experienced Queens deportation lawyer with knowledge of all aspects of the law, you risk being forced out of the country and possibly separated from the people you love and the life you knew.
Our legal firm is centered in Queens, and we’re ready to serve our community and surrounding areas with years of gathered legal expertise. Facing the possibility of deportation is no easy feat, which is why you must arm yourself with both assistance and knowledge. Understanding how the nuances of your situation could effect the greater outcome will allow you to prepare.
Contents
Feeling the Threat: Reasons for Deportation
Are you being accused of breaking the law in Queens? Serious charges, such as smuggling, trafficking drugs or firearms, domestic violence or espionage bring with them the threat of deportation, but so do many other scenarios, including:
- Making use of public assistance.
- Failing to notify immigration services if you have a change of address.
- Disobeying the terms of your visa of breaking any other immigration laws.
In a perfect world, only those who are guilty of a crime would be punished. In today’s tense climate, confusion within the system can lead to innocent families being ripped apart. At times, things can feel hopeless, but you do have people in your corner. With an attorney who believes in human rights fighting to make sure you get the fair treatment you deserve, it will be easier to look toward the future with optimism.
Seeking Asylum: When it’s Not Safe Back Home
Asylum status grants you the ability to remain in the United States due to the threat of persecution in your home country. This persecution may arise from religious or political differences, racism or clashes between nationalities or social groups. To qualify for asylum, it must be proven that your fear of persecution is reasonable and based on facts.
It’s important to work with a qualified deportation lawyer if you want to have the best chances of proving your case of asylum. It isn’t easy. Over half of applicants are denied, and most of those who succeed have good attorneys standing beside them. Data from a 2016 study from the Transactional Records Access Clearinghouse found that 90 percent of those who attempted the process without the help of an attorney were not approved.
There are a few other scenarios that are similar to asylum, such as:
- Protection under the Convention Against Torture (CAT)
- Cancellation under the Violence Against Women Act (VAWA)
It’s always wise to ensure that your chosen attorney has the necessary experience level to handle your case. Don’t be afraid to ask questions about past cases. This is your life, and you need to trust that you’re in good hands.
Sticking Around: Other Scenarios Involving Deportation
A good attorney will look over every possibility to see if there’s a route forward. If you’ve been living in the United States for 10 years and can show that your deportation would cause extreme hardship to one of your qualifying relatives, you might be able to get something called “cancellation of removal for persons who are not lawful permanent residents”.
It should be pointed out that you can’t apply for cancellation. You have to already be under the threat of deportation and have a date to appear in court for this option.
You’ll need to prove:
- Excellent moral character over the last 10 years.
- A clean past free of certain convictions that have been deemed reason for deportation.
- That it would cause “exception and extremely unusual hardship” for your family members if you were deported.
It’s also possible to defer your case, putting it on hold for a while. Every case is different, and your lawyer will need to go over the details with you to see if you qualify for this option.
Protecting the Children: The Lasting Trauma from Separating Families
It should come as no surprise that forcefully separating children and their parents is damaging to the psyche. Studies show that the harm is long lasting, and it was found that many children with deported parents ended up lost within the system, struggling to find access to education, healthcare and other necessary services. Language barriers can also make things difficult for these children.
Consulting the Professionals: The Future is in Your Hands
Since so much is at stake, any good lawyer will work each case with passion and dedication to provide the best outcome for all involved. If you’re ready to fight for your chance to stay in the country, it’s time to make your move. For yourself and your children, please contact our Queens legal firm for a free consultation now.