When you are dealt with a deportation and removal case, you are facing one of the most complex immigration issues in New York. In these cases, an individual who has been issued a removal proceeding notice must appear before the Immigration Court and state why he or she should be awarded relief from deportation and removal from the United States. This is why a New York City deportation attorney is imperative. A deportation lawyer can examine the facts that surround your case and determine if you are eligible for any immigration relief benefits.
Although there are many individuals who are eligible for relief from deportation, there are some who are not, which is why it is important to consult with an attorney if you have been served with a Notice to Appear. An attorney can advise you on the options when it comes to deportation proceedings and can help you choose the most effective approach.
How Will I Know if I’ll be Deported?
If you have been convicted of a certain criminal offense, you are at risk of being deported. Some of the criminal offenses that warrant deportation from the United States include:
Drug offenses (possession or sale)
Crimes involving moral turpitude
Possession of a deadly weapon
If you have been charged and/or convicted of any of these crimes, your course of action is to speak with a criminal deportation defense attorney. It is important to note that any crimes of moral turpitude that occur within five years of entering the United States, which lead to a one year prison sentence, could warrant deportation. In addition, if an individual is charged with two crimes that occur in more than one criminal act, he or she could also face deportation.
How can I Prevent Deportation?
When an individual is subject to deportation, there may be specific factors that could warrant relief from deportation. In these circumstances, forms that are known as waivers of deportation or other forms can be issued to request relief from deportation. Some of these waivers include:
Adjustment of Status
Suspension of deportation
Waivers under INA § 212(c)
Waivers under INA § 212(h) and INA § 212(i)
Cancellation of deportation or removal
In addition, asylum, withholding of removal, and protection under Article 3 of United Nations Convention Against Torture can also be used for deportation relief eligibility.
How to Prepare for a Deportation Case
If an individual is eligible for relief from deportation, it does not mean that he or she will the case. In these cases, there is never a guarantee that an individual will win. There are a numerous factors that an immigration judge must take into consideration before he or she decides if an individual is eligible to remain in the United States.
Although there are many factors that immigration judges will take into consideration when deciding if an individual is eligible for deportation relief, here are some of the most common factors:
How long the individual has lived in the United States without or with a green card.
All immediate family members, which are typically spouses, parents, or children, who are United States citizens with green cards. In these situations, the more family members in the country is beneficial because it shows that an individual has a family established in the country.
An individual’s employment history. If an individual can prove steady employment, he or she is demonstrating that they are not a liability to another individual.
Any history of tax payment will be considered, which is why it is vital for individuals to pay their taxes regardless of if they are in the country legally or illegally. If an individual does not have a social security number, he or she can obtain an IRS Individual Taxpayer Identification Number (if they are not able to get a social security number).
If an individual is involved with a church, volunteers, or helps the community in any other way, it will be considered for relief.
Any history of violation of immigration laws.
A criminal history that includes jail sentences and/or convictions.
Any hardships that would occur to family members if an individual is deported.
Why You Need a Skilled Legal Team
To ensure that all of your rights are protected, it is vital to contact a New York City deportation attorney. An attorney with experience handling deportation cases understands what approach needs to be taken to accomplish the outcome. The results of a deportation hearing can be life-altering, which is why you should have a deportation attorney at your side every step of the way.