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How to Stop Deportation and Removal

Non-citizens can find themselves in deportation (removal) proceedings for various reasons.  The proceedings can result in an unwanted return trip to their home country.  The proceedings can also create a lengthy ban on reentering the United States of anywhere from three to ten years, or even life, depending on the seriousness of the grounds underlying the deportation.

For example, persons who have accumulated 180 days, but less than a year of unlawful presence and have then left the country cannot return to the U.S. for three years.  Persons who have accumulated one year or more of unlawful presence and have then left the country cannot return to the U.S. for 10 years.  Those who have been convicted of a serious criminal offense — an aggravated felony — and have left the U.S., cannot ever return to the U.S.  However, there are New York green card lawyers who can help non-citizens resolve some of these very complex immigration issues.

Impact on children of deported immigrants

Some of the most heart-wrenching cases involve children of immigrants.  Millions of these children, the majority of whom are native-born U.S. citizens, live in mixed-status families with one or more undocumented parents.  The implementation of removal orders grievously affects these children.  A recent report released by the Inspector General’s office of the Department of Homeland Security found that over 108,000 parents of U.S. citizen children were removed from the United States between 1998 and 2007.  These deportations have had devastating impacts on the well-being of these children who can be permanently separated from one or both parents, face interruptions in schooling, suffer from short- and long-term emotional trauma, and endure severe economic hardship.

Complexities of fighting deportation

While deportation can be a terrifying process, fraught with anxiety about being forced to leave behind loved ones and opportunities, it should never be assumed that a removal order is a foregone conclusion.  With adequate legal preparation and representation, deportation can be stopped in many cases, but it is not easy and straightforward.  Expert legal representation is essential because current immigration law, is not only harsh, but also counterintuitive and seemingly illogical.  For example, there are circumstances in which non-citizens have a better chance of legally living in the United States and avoiding deportation if their criminal history occurs before they seek permanent resident status and get a green card than if they first gained permanent resident status and were later convicted.

Take this example:

Client A overstays his visa by ten years and marries a United States citizen.  He is convicted of money laundering, bank fraud with a loss of $200,000, and grand theft.  He is sentenced to four years in jail.  Although he is deportable for his crimes, he is still eligible to seek a green card and adjust his status based upon his marriage to a U.S. citizen.  It will not be easy, and he will need a waiver, but it will be possible.

In contrast, look at Client B:

Client B has had his green card for ten years and is also married to a U.S. citizen.  He gets convicted of the very same crimes with the same sentence. He is deportable and NO WAIVER is available.

In comparing these situations, it should be noted that the client without a green card has an opportunity to fight deportation, whereas the client with a green card does not.  This is just one example of what is NOT logical about U.S. immigration law.  Hopefully, comprehensive immigration reform will help to eliminate its logic-defying aspects.

Stay tuned for more information on deportation on our blog. To learn more about removal and deportation, right away, contact Bretz & Coven, LLP.

Immigration Consequences of Criminal and Fraudulent Conduct
The immigration consequences of criminal or fraudulent conduct can be harsh and often illogical. Even a very minor offense could have a dramatic immigration consequence, including deportation, detention without bond, being denied naturalization, a visa or re-entry into the United States. Likewise, the use of fake or fraudulent documents, aliases, and other misrepresentations can have similar immigration consequences. Kerry Bretz and Bretz & Coven have been counseling non-citizen criminal defendants, as well as their lawyers, for over 20 years. We have a long history of strategizing deportation and removal defenses, as well as applications for waivers, in very complicated cases.

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"Was trying to get Green Card since about 7 years. Finally when I switched to this law firm I was able to get green card very fast with great confidence. Big thanks to Eileen, Kerry, Manjit and Olga." - Dinesh, Kansas

""With an extensive criminal history: over 14 arrests, 2 State prison bids and several felony convictions no lawyer wanted my case in 2010. Thanks to the experts at Bretz & Coven who worked diligently and with precision, today I am a United States citizen." - E.A. Brooklyn, NY

"Absolutely one the best, if not the best immigration attorneys. They helped from start to finish in my green card process. At no point was I blind-sided by anything. Simply amazing!" - Leon B. Jersey City,

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