Mar 21, 2024

Queens Criminal Deportation Lawyers

Deportation and Removal Defense: Understanding Your Legal Rights in Immigration Proceedings

There are several reasons the government can initiate deportation proceedings. Often this can make a difference between staying in the country or being expelled. Because the laws regarding deportation are often difficult to understand, hiring an attorney can be very beneficial. In addition, this is a situation that can be quite stressful. If you are facing deportation, it can be an emotional and frustrating experience.

Steps of the Deportation Process

The Notice to Appear: Your First Official Document

There are a few steps that are followed when a deportation hearing is scheduled. The first is the Notice to Appear. A notice is given to the individual stating the reasons why the government believes the person should be deported. This notice is generally given at least 10 days before the hearing.

The Notice to Appear must state:

• The essentials of the hearing
• Why the removal is being requested
• The persons right to hire an attorney
• The consequences of not showing up for the hearing

Master Calendar Hearing: Your Initial Court Appearance

The next step, the master calendar hearing, is before a federal immigration judge. An ICE attorney will also be present. ICE is US Immigration and Customs Enforcement. ICE is a federal agency that includes Homeland Security Investigations and Enforcement and Removal Operations.

Although you may attend this hearing without a lawyer, it would be in your favor to have one. Make sure you attend this hearing because if you do not appear, the judge will issue an “automatic order of removal”. This hearing is the time to inform the judge of what your defense will be, and the date for the next step in the process, the Merits Hearing, will be scheduled.

The Critical Merits Hearing

During the merits hearing, it is essential to have an attorney. He or she will defend your right to remain in the country. You can testify, and witnesses and evidence can be presented on your behalf.

What are some of the arguments you and your attorney can use to help you remain in the US?

• Any crime you were accused or convicted of was not a serious offense
• A “cancellation of removal” is warranted. (If you have been a resident of the US for ten years and can show that your deportation would cause extreme hardship for a family member.)
• Asylum
• Marriage to a citizen of the US

Reasons for Deportation

There are several reasons a person can be deported. Staying after their visa has expired or committing a crime are two of these reasons.

What are some of the crimes that are considered grounds for deportation?

• Commission of a felony such as murder, rape, kidnapping, arson, and robbery
• Sex offenses
• The possession of drugs or selling drugs
• Domestic violence
• The possession of firearms or illegal weapons
• Fraud
• Abuse of a minor
• Theft

What Qualifies as Relief from Deportation?

Often circumstance may entitle you to relief from being deported. One of the common types of relief is voluntarily leaving the US. If you leave by a certain date, you will be able to return at a later date. The reason this is preferable to deportation is because an order of removal will keep you from re-entering the US for up to ten years.

Cancellation of Deportation Requirements

Another type is a cancellation of deportation. There are different requirements for legal permanent residents and non-permanent residents.

A legal permanent resident can file for this relief if they:

• Have been legally allowed in the US as a permanent resident for five years
• Have lived in the US for at least seven years after being allowed to reside in the US
• Cannot be convicted of an aggravated felony

Non-permanent residents must:

• Have been in the US for at least ten years before applying for the relief
• Cannot have been convicted of particular crimes
• Must have been of good character
• Must prove that their deportation would cause extreme hardship to a relative who is a citizen or is living in the US legally

These are just the few of the things a lawyer can help you with if you are facing deportation proceedings. Contact the Spodek Law Group for an experienced attorney who can determine the best possible defense for your situation.

Queens Deportation and Removal Defense Attorney Lawyers

Queens is part of the larger city of New York. New York is a sprawling place that includes five boroughs and many communities. Today, Queens is home to over a million residents of all backgrounds. Many people come here from all over the world. Those who do so do legally.

For those who come here in violation of American laws, the consequences can be varied. A person may be facing the possibility that they will be asked to leave the country. There’s an entire court in the United States that is solely dedicated to dealing with the consequences of immigration violations.

When local Queens officials may not be in agreement with the need to remove any given person from the country, they will still need to enforce the regulations that govern immigration. All sorts of regulations apply to any given potential immigrant. These laws apply not only to those who are not in the country legally but also those who hold Green Cards. If a Green Card holder violates the nation’s laws, they can also be subject to removal from the country and deportation back home.

Applicable Laws

Laws that govern the county’s immigration can be complicated. Even local Queens law enforcement officials may not fully understand all aspects of these laws. All those who are facing potential deportation should be fully aware of what deportation may mean in their lives.

For example, individuals who have been deported may be barred from returning to the United States for many years. They may even be refused the right to visit the U.S. for any length of time.

Immigration procedures are serious and must be taken seriously by the person facing such charges. Any person in front of a court in Queens should have a lawyer at their side during all procedures. The lawyer can offer much needed explanations that can help clear up any potential misunderstandings.

Fortunately, there are many possible avenues of appeal that are open to many people who are facing potential deportation and removal charges. Knowing what potential laws exist and apply to any one person can help them decide what they should do next. An effective lawyer is someone who can help them follow what is going on during the entire procedure.

Potential Responses

Certain nationals from certain countries have specific standing in the American immigration laws. For example, people from certain nations may be eligible to avoid deportation because conditions in their home nations are less than ideal. This relief may be temporary.

For example, there might be a temporary problem such as a natural disaster that impacts the applicant’s ability to return home safely. However, while such help exists, there may be conditions that apply that make it temporary. Once conditions have improved, local law enforcement officials may decide that they have grounds to order the person’s deportation back home.

If the person is found still remaining in the United States, they may have little recourse in the law even if they have:

• Lived in Queens for many years
• Started a family of their own
• Married a legal American citizen

A good lawyer can help sort out any such issues and help the applicant figure out if they qualify for such relief and when such protections no longer apply in their case.

Other Possible Laws

In addition to temporary stays of removal, there are other avenues that are available to many people facing deportation and removal in Queens. Someone who has been the victim of crime may qualify for a specific kind of visa. This visa is designed to offer protection to those who have been the victim of crime and agreed to testify against the criminal in court directly.

A lawyer can help them sort out how to apply for such a visa or what to do if the visa application is not approved. Other options may include an adjustment of status. This means that the person is able to apply for permanent legal status even though they are facing a deportation and removal order directly. An effective attorney can help the client understand the immense array of options that are part of the local system and the national system of immigration laws.

Queens Criminal Deportation Lawyers