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Long Island Criminal Deportation Defense Lawyer
Contents
- 1 If an individual has been granted permanent residency in the United States, he or she may still face deportation if certain criminal offenses have been violated.
- 2 Deportation and Immigration Laws: Understanding the Process
If an individual has been granted permanent residency in the United States, he or she may still face deportation if certain criminal offenses have been violated.
When an individual is charged with a deportable offense, it is vital that he or she contact an experienced Long Island criminal deportation attorney.
What are Some Criminal Offenses That Can Result in Deportation?
Although there are many criminal offenses that could lead to deportation, here are some of the most commonly seen:
- Theft
- Robbery
- Burglary
- Child abuse
- Fraud
- Domestic violence
- Aggravated felonies
- Crimes of moral turpitude
What are Crimes of Moral Turpitude?
New York defines crimes of moral turpitude as criminal offenses that are in violation of decent community standards and are shocking to the conscience of the public. These criminal offenses are typically thought to be excessively shameful and wicked as well as stray from the expected standards of morality. If an alien resident is convicted of a criminal offense that involves mortal turpitude within five years after coming to the United States, and if he or she receives a prison sentence of one year as a result of the conviction, it could lead to deportation. In addition, when an individual is convicted of two crimes that did not happen in a single act of criminal behavior, it could also result in deportation.
Here are examples of crimes of moral turpitude that could result in deportation:
- Prostitution
- Rape and statutory rape
- Possession of child pornography
- Murder or attempted murder
- Perjury
- Assault with intent to commit murder or robbery
- Child abuse or neglect
- Most instances of fraud
- Voluntary or reckless manslaughter
- Willful tax evasion
- Kidnapping
- Aiding and abetting the commission of a crime of moral turpitude
- Burglary involving intent of moral turpitude
- Counterfeiting
- Conspiracy against the United States
What You Can do to Prevent Deportation
A Long Island criminal deportation attorney can present you with the most effective approach to your situation to prevent deportation. In addition, if an individual has already been found guilty, offered a guilty plea, or entered a plea of no contest, an attorney can still take action by filing an appeal and/or a motion to vacate. There is also other post-conviction relief that a skilled Long Island criminal deportation attorney can provide those at risk of deportation.
If you have been accused of a criminal offense that could lead to deportation, it is important to contact a Long Island criminal deportation defense attorney immediately. If an attorney can take action early in your case, the chances of a just outcome will significantly rise. An criminal deportation defense attorney will review the charges to see if a reduction or removal of charges is warranted. There may have been specific procedures that were violated during the arrest, or there could be insufficient evidence that could warrant a dismissal of charges. In the event the court proceeds with a criminal deportation case, an attorney may be able to reduce the charges to a non-deportable criminal charge.
To ensure that your immigration status stays in good standing, you should hire an attorney who understands criminal law and immigration law. This is imperative because a lawyer with experience in criminal law and immigration law can take a comprehensive approach to the case. If you are in need of a Long Island criminal deportation attorney, contact us today. Our legal team is skilled and has the experience that is needed to handle criminal deportation cases.
Consequences of Conviction of a Deportation Crime
It is important to note that an individual who is a non-citizen could have his or her chances of permanent residency in the United States eliminated if they are convicted a deportation crime. Here are some consequences that could happen if an individual is convicted of a deportation crime in the United States:
- Denial of asylum
- Cancellation of permanent residency and deportation
- Suspension of your right to voluntary departure
- Inability to achieve suspension or cancellation of removal
- Permanent exclusion from the United States
- Refusal of recognized good moral character (this is mandatory for United States citizenship)
- Ineligibility for permanent residency or naturalization
Deportation and Immigration Laws: Understanding the Process
Deportation is a commonly used term that refers to the removal of an individual who is unlawfully residing in the United States because he or she has violated immigration laws. If an individual receives a notice to appear for removal proceedings, it is a serious matter that should be handled by an experienced deportation defense attorney.
Grounds for Deportation in New York
When an individual is granted permanent residency to the United States, he or she could still be subject to deportation in the event that specific circumstances occur. If any of the following occurs, it is imperative to contact a deportation defense attorney as soon as possible to ensure your rights are protected:
Violation of Your Status
Violation of your status could involve being inadmissible during entry and/or failing to properly maintain residence status. This means that you could be in violation of your status if you have established residency in another country. If you violate the Immigration and Nationality Act, it could lead to deportation. In addition, you could also be charged with violating your status if you remain in the United States longer than intended.
It is important to remember that an alien who has been charged with assisting an individual with illegally entering the United States is also at risk for deportation. If an individual enters into a fraudulent marriage to gain residency to the United States, he or she is subject to deportation. If the other party is an alien with United States residency, he or she could face deportation as well for taking part in a fraudulent marriage. Moreover, if you are charged with a criminal offense within five years of entering the United States, you may be subject to removal from the United States.
Crimes that Could Lead to Deportation
In addition, if an individual admits or is convicted of specific criminal offenses, which may include aggravated felonies, drug offenses, domestic violence, or crimes of moral turpitude, he or she will face removal from the United States.
Crimes of Moral Turpitude in New York
In New York, crimes of moral turpitude are described from the Board of Immigration Appeals as a nebulous concept that demonstrates a vile, evil, or depraved action that is shocking to the public conscience. When an individual commits a crime of moral turpitude, he or she has committed a crime with evil intentions or reckless actions.
Here are some of the most commonly seen crimes of moral turpitude:
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- Conspiracy against the United States
- Prostitution
- Possession of child pornography
Consequences of Violating United States Immigration Laws
If an individual is involved with immigration law issues, there are several options that can lead to a positive outcome. In Long Island, an individual can simply leave the area, as some judges are willing to impose no consequences if an individual leaves voluntarily. In addition, individuals who have been charged with a previous immigration violation could face additional consequences. When this occurs, an individual may not be granted permission to leave. An immigration judge could require that an individual serve a prison sentence for a felony that was committed in the United States. The amount of time that an individual will be incarcerated for will vary based on several factors. However, immigration judges are required to adhere to all federal guidelines when issuing penalties for unlawfully entering the United States.
Why You Need a Deportation Defense Attorney
Although the process for deportation and removal can be fairly quick, it does allow enough time for a respondent to find suitable legal help. An experienced criminal deportation attorney is trained to look at every angle to determine the most effective approach for remaining in the United States.
Although you may feel that your situation is helpless, you have many options that you may not be aware of, which is why you should contact a skilled deportation attorney. Although many individuals feel that being in the United States for 10 years will result in permanent residency, this is not always the case. Immigrants who are undocumented can be eligible to become permanent citizens and receive relief from removal if they have an individual of good moral character and participate and volunteer in the community. In addition, an immigration judge will also take into account if removal from the United States will create a hardship on the alien’s immediate family. To ensure that your rights are protected, contact a deportation attorney in Long Island with the experience that is needed to significantly increase the chances of a successful outcome.
Immigration is a complex issue, making it even harder to deal with, especially when a law has been broken. Spodek Law Group understands this and what is at stake. A person’s livelihood and ability to be with his or her family may also be in jeopardy. Deportation is a real possibility and even a minor infraction could initiate this removal process.
Resolving Deportation or Removal
Those under direct threat of deportation or removal are probably looking for some kind of relief. Well, the people at the Spodek Law Group may be able to provide some light at the end of the tunnel. No one is saying that a solution will be found, but your chances are greatly improved with an experienced attorney by your side interpreting NY immigration law.
Understanding the Detention Process
It is important to note that Section 236(c) of the Immigration and National act is quite broad regarding immigrants. This means there could be many reasons why immigration law officers will place someone under mandatory detention. Keep in mind that even lawful permanent residents can be held in these containment cells without bail as the officers figure out if you are a flight risk. This means that this individual will have to fight deportation while being detained. Spodek Law Group understands how hard this might be for all involved, which is part of the reason this issue needs to be addressed by an attorney as soon as possible.
Are You Going to be Deported?
This is the main question those in this predicament have. There are a number of crimes that would warrant a deportation, which makes the services of an immigration attorney important. Still, the most common crimes to worry about are the following:
- Drug offenses
- Sex-related offenses
- Any type of fraud
- Burglary and other theft offenses
- Aggravated felonies like rape or murder
- Convictions involving moral turpitude
- Domestic violence
- Possessions of weapons
Is There a Way to Stop Deportation?
Relief or waivers are issued, but they depend on the details of your case. Still, the following are some ways you can find relief:
- Cancellation of deportation
- Waivers under INA 212(c)
- Waivers under INA 212(h) and 212(i)
- Suspension of deportation
- Voluntary departure
- Status Adjustment
- Asylum, withholding of removal, and protection under Article 3 of the UN Convention Against Torture
There are some options, but there are no guarantees in law, so make sure you understand that, and be leery of any lawyer who makes promises regarding outcomes of these proceedings. Your lawyer is going to encourage the judge to consider solutions using facts like the following:
- Length of stay
- Family members who are US citizens
- Employment history
- Tax payments
- Community involvement
- Violation history of immigration laws
- criminal history
- Hardships that US citizens in your family could suffer
Of course, the immigration judge is going to weigh in all the positive aspects of your life against your criminal history. A judge will disregard the positives if there are enough negatives in your history because you pose a danger to this country. Keep in mind that this US Immigration and Customs Enforcement agency can still appeal the immigration judge’s decision. This appeal goes directly to the Board of Immigration Appeals, and it happens more than you can imagine, so a win does not necessarily mean victory. Some cases even wind up in federal court, so you might need to retain an immigration lawyer longer than you think.
Spodek Law Group is filled with seasoned immigration lawyers who will ensure that your representation is sound and effective. Many winnable cases are sometimes lost for solvable issues, such as the poor submission of paperwork or evidence. These are the kind of mistakes you do not want to make now and a good attorney can prevent. Consult with one of the lawyers in this firm to see what can be done to turn this case around in your favor.
A person who is not a United States citizen definitely needs to contact an attorney before they make any decisions that relate to their legal status within the country. It is a good idea to try to consult someone who knows what they are doing in this realm for the simple fact that there are a lot of decisions that can have a big impact on your life going forward.
The courts are going to look at the case of a person who has been arrested on the suspicion of being an illegal alien and determine if that person will be deported or not. It is a good idea to have a powerful deportation attorney to help defend you against the potential for deportation. You want someone who has been through this process before with other clients. They need to know the immigration laws of this country extremely well.
Deportation is the most serious penalty that a person can face for breaking immigration laws in the United States. Still, it is often the case that people do not realize that deportation proceedings can be called for by a prosecutor for the simple fact that a person has committed a minor crime or even a traffic violation. It doesn’t even matter if the offense in question happened decades ago, it can still be brought up.
Relief From Deportation
There are always exceptions to the rule, and it might be possible for you to avoid the worst of the immigration penalty system if you have the right kind of lawyer working for you. There are plenty of cases in which a person may avoid deportation if they get their attorney to start working on their case right away. Put another way, a person may want to ask their attorney to start looking at options that do not involve deportation as soon as they possibly can.
Relief from deportation means that you do not have to immediately be shipped off to some country that you may barely even know. The sooner that you talk with an attorney about your options the better. They have the ability to start working on your case to help show the courts that you are someone who is deserving of a second chance or of relief from deportation.
Detention Awaiting Trial
It is incredibly difficult to be someone awaiting a deportation trial in the United States. The simple reality is that a person who is in this condition will have to await trial in a detention center in all likelihood. These are not places that a person wants to be. It can be a long and grueling process to even get to court. Without a good lawyer, a person may wait until their trial in detention only to finally get to court to be told that they are going to be deported to some foreign land that they know next to nothing about. It is not a pretty situation anyway you slice it.
When you speak with an immigration attorney you open up doors that may not have otherwise have been available to you. You can ask that person if it might be possible to figure out a way in which you can have a hearing related to your detention and possibly be released on bail. It is not always going to happen, but some judges and some courts may be willing to hear you out on this. It is worth a shot at the very least to try to convince a judge that you are a worthwhile person to release to the custody of your lawyer while you are awaiting your deportation hearing.
The bottom line through all of this is that it is always best to speak with an immigration attorney as soon as you possibly can. They have your best interests at heart, and they can always help you when you come to them seeking their guidance and help. Bare that in mind as you begin to work through your case. It is well worth your time and effort to speak with them.
Long Island Deportation Defense Lawyers
Long Island is part of New York state. It’s also a place where many people choose to live while they work in New York City. The island touches parts of New York City and leans out into the Atlantic ocean where it parallels several states. Long Island is divided into two counties: Nassau and Suffolk. Both counties are some of the most affluent in the entire country. Under such circumstances, it is hardly surprising that many people would like to there. They come to this part of the world for access to the nation’s largest city as well as amenities like beautiful public parks and beaches. Some people who move to Long Island do so illegally. In that case, they can face all sorts of penalties if they are discovered by local law enforcement officials. Such penalties may include fines, confiscation of their accrued assets, and even possible jail time. A person who is facing such problems may also be facing the possibility of deportation. Deportation is a serious issue with far reaching consequences. Proper legal help is both a right and a must have.
Deportation is a Serious Matter
Many officials in Long Island are aware that there is an illegal migrant presence. They are also aware that some local employers may welcome migrants as they can offer cheaper labor costs. In some cases, certain officials in the area have made statements suggesting that the nation’s immigration laws may be enforced differently than they are in other parts of the country. While such sentiments may be welcome, they do not have the force of law. Any defendant should keep in mind that if they are facing charges here, they are still likely to face the consequences of all federal immigration laws. Some law enforcement officials may decide to avoid pressing more serious charges that might lead to deportation. Others may decide to prosecute of the fullest extent of the law. Each defendant should keep in mind that their case is unique. All cases will be decided here on many factors. Defendants should also bear in mind that deportation from the country is a truly serious matter. Once a person is deported, they may not be able to come back here without facing problems that may even include jail time. This is one of many reasons why it is imperative to have proper legal counsel during all phases of this process.
Mustering a Defense
Creating a defense against deportation in Long Island can take many forms. A defendant may decide to apply for asylum because of a history of prior persecution in their home nation. While this can be a useful defense, it can also backfire. Long Island is home to many illegal migrants. Very often, the judge may have seen or heard similar stories from similar applicants. The judge may decide that the applicant’s is far too similar to other stories and not ultimately credible. This is where a good defense lawyer can help. They can offer advice about the kinds of asylum claims that may be effective and those that may not work. They can also suggest other possible avenues of defense against potential deportation. An effective defense is one that can offer both legal and moral grounds for the defendant to avoid the penalty of deportation.
Many Factors
A Long Island law enforcement official will take many factors into account when deciding on the kind of penalty the defendant may face. For example, if the defendant is known to have come to Long Island previously despite a prior removal, this may be an automatic bar to their ability to avoid deportation. Likewise, if the defendant has a known criminal record, this can also impact their ability to avoid the possibility of deportation. Other factors will be taken into account in any decision. For example, if the defendant has strong community ties, English fluency and has created a business, the judge may consider letting them stay here. An effective defense lawyer can indicate all possible routes that lie in front of the applicant including immediate deportation, a stay of deportation and possible citizenship. Applicant who have useful counsel can feel confident making decisions about what avenue to pursue.