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.
What are the 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 maintained 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.
What are 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:
Conspiracy against the United States
Possession of child pornography
Murder or attempted murder
Willful tax evasion
Voluntary or reckless manslaughter
Most offenses of fraud
Aiding and abetting the commission of a crime of moral turpitude
Assault with intent to commit robbery, murder, abortion, or rape
Child abuse or neglect
Rape and statutory rape
Burglary involving intent of moral turpitude
What are the 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 individuals 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. A 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 may 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 participates and volunteers 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 a successful outcome.