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Deportation Defense

If you are not a legal citizen of the United States and believe you may be facing deportation, our New York deportation defense lawyers are here for you.

If you are not a legal citizen of the United States and you have been arrested, then you could be facing deportation. There are many other ways that one could face deportation as there are several ways to illegally enter the United States. One way to be in danger of deportation is through what is called visa overstay. This occurs when an individual enters the United States on a business or tourism visa, and is allotted six months of time, but the individual, for whatever reason, stays longer than the six months.

If you are convicted of a felony, if you are trying to immigrate to obtain asylum, you could be denied and deported. If you are seeking American citizenship, a conviction could make you ineligible. Even if you have residency through a green card, a conviction of a felony could cause you to lose your card and have you deported. Deportation can rip families apart, destroy lives and have other serious effects on individuals and families.

Breakdown of Removal Proceedings

Deportation, also known as removal, is a frightening thing to face – if you are, you will find yourself facing what is known as removal proceedings, defined under 8 USC §1229A. These proceedings will consist of an administrative hearing which will determine your removability from the country held by an official immigration judge. During this, the immigrant may find themselves facing charges of inadmissibility under 8 USC §1182, including, but not limited to, the following:

  • Health-Related Grounds ­– Such as having a communicable disease, not having proper vaccination, having a physical or mental disorder that threatens safety and more.
  • Criminal Convictions – A conviction of a crime that either involves moral turpitude or an aggravated felony. This includes multiple convictions, traffickers and other criminal activities.
  • Security-Related Grounds – Being involved in violations of United States law, engaging in terrorist activities, as well as those who might cause adverse foreign policy consequences.

They will also be facing applicable grounds for deportation under §1227, including, but not limited to:

  • Inadmissibility at time of entry;
  • Guilty of criminal offenses;
  • Failure to register;
  • Presenting false documents; and
  • Security-related grounds (such as terrorism)

The proceeding will open with the administration of oaths, the presentation of evidence, interrogations and cross-examinations. It is required for the hearing to take place either in person, through video conference or even over the telephone – depending on the specific circumstances. Should the alien fail to appear, they will be immediately removed, so long as they are deemed removable.

Could you be deported?

If you’re facing the possibility of deportation, you must seek defense from a criminal attorney as soon as possible. Failure to do so could seriously jeopardize your status in the United States. That being said, knowing what could possibly lead to deportation will be a key component to protecting yourself against this kind of penalty. Contrary to popular belief, removal from the U.S. is not always the result of illegal entry into the country, although this too can play a huge role in cases of deportation. In addition, circumstance such as unlawful presence and prohibited employment activity can also lead to deportation.

The reason that having an immigration lawyer on your side at this time is so important is because a very unique and complex set of strategies must be applied to cases that threaten removal from the U.S. Whether you stand to be deported for illegal immigration, or as the result of criminal conviction, you will undoubtedly need a defense attorney to represent you in court. Cases involving status violations, unlawful presence, and the like, can all result in removal from the U.S. if you are not appropriately represented in court. Under the representation of a defense attorney at our firm, you can rest assured that the most effective legal tactics will be utilized in the defense strategy that is built on your behalf. Included among our tactics are:

  • Motioning to reopen a deportation or removal proceeding
  • Requesting asylum
  • Requesting deportation to be withheld
  • Seeking cancellation of a removal order
  • Adjusting the status of an application
  • Appealing a removal or deportation order

The sooner you involve an immigration lawyer from our office, the sooner we can begin strategizing a defense for your case. At Pozo Goldstein, LLP, we don’t want to see you removed from the country any more than you do. Therefore, we are prepared to invest copious amounts of time and effort into helping you avoid removal from the U.S.

Deferred Enforced Departure

For certain immigrants, Deferred Enforced Departure, or DED, could be a viable way to remain in the United States and avoid removal – at least temporarily. DED is issued to immigrants of certain designated countries at the President’s jurisdiction. Recognized as part of the President’s power to conduct foreign relations, this type of presidential discretion is not meant to serve as a specific immigration status, but rather as a way to avoid removal from the country for a designated period of time. Persons who qualify for the benefits offered by DED may also be permitted to work and travel in the U.S. as well.

Protecting You from Deportation in New York

At Pozo Goldstein, LLP we understand the implications of deportation; we have seen the hardships that families and individuals endure when they are affected by deportation. If you are facing deportation, then you will greatly benefit from the legal knowledge of a New York immigration lawyer from our firm. Our firm is dedicated to protecting your rights throughout your case.