While not a criminal process, deportation can be just as frightening as if you were facing criminal charges. Your entire future in the United States is at stake. If the situation is not handled properly, deportation may force you to leave the United States and make it very difficult to return legally in the future. Consequently, deportation requires immigration authorities to provide strict proof that you meet the requirements for removal. An experienced NYC deportation defense lawyer can hold immigration authorities accountable for any weaknesses in the case against you and determine if you qualify for any exceptions that could keep you in the United States.
One of the most common reasons a person can be deported is for entering the country without inspection in the first place. This can include entering without inspection, such as by stowing away on a ship or surreptitiously crossing a border. It can also include entering the U.S. using fake documents. Even if you did enter the United States legally with a valid visa, you may become deportable if you violate the terms of that visa. Last, a person otherwise in the country legally can become deportable if convicted of certain crimes.
Deportation proceedings can be lengthy, but the government has the burden of showing that you are indeed deportable. Nevertheless, basing your defense solely on the government’s inability to meet this burden is rarely a sound strategy. An experienced deportation attorney can also investigate the availability of affirmative defenses, such as exceptional hardship to a family member or may attempt to convince the Justice Department to exercise its discretion to withhold deportation. This discretion may also be exercised if other mitigating factors exist.
People facing deportation proceedings can also potentially qualify for an adjustment of status if they would otherwise qualify for legal permanent residency:
Additionally, the new deferred action program may be an option for those who entered the United States as children. Not all such programs are well known, and many have numerous complex and nuanced requirements. It takes an experienced immigration attorney to fully advise those facing deportation of the many strategies available.
With an experienced and compassionate staff that includes a former litigator for INS, our team at Bretz & Coven, LLP is ready to defend your rights during NYC deportation proceedings. Contact our experienced immigration lawyers in New York City today at 212-267-2555 or online for creative solutions to your complex immigration problems. For an office appointment in Metro Park, New Jersey, call 1 (732) 313-0075.