How Long Do Deportation Proceedings Take in New York?

We can guide you through this intimidating process

Removal — formerly called deportation — can be a lengthy process that includes multiple hearings and appeals. Just because an immigration judge has determined that you are deportable does not mean that the process is over. There are numerous methods by which deportation can be halted, delayed or canceled while applications are processed or until conditions in your country improve. With a team that includes a former INS litigator, we at the law firm of Bretz & Coven, LLP have the experience necessary to help those under deportation proceedings exercise all their rights and options.

How long does basic deportation take?

The deportation process officially begins when you receive a Notice to Appear (NTA) from immigration authorities. This may, however, be preceded by a brief investigation and interview with Immigration and Customs Enforcement (ICE). A series of hearings, often beginning with a bond hearing, usually starts 10 to 15 days later. This culminates with a full hearing analogous to a criminal trial at which an immigration judge makes a final ruling about if you should be deported. This can occur several months after you received an NTA.

Avoiding or delaying deportation

Even if the government has the evidence to prove that you are deportable, there are several grounds for avoiding or delaying your deportation that you can raise during your series of hearings:

• Cancellation of removal — In certain cases, otherwise deportable permanent residents may qualify for cancellation or waiver if they have been present in the United States for at least seven years, have had LPR status for at least five years and have never been convicted of an aggravated felony. Permanent residents and non-LPRs may also be able to avoid deportation by demonstrating that it would cause exceptional hardship to their immediate family members who are U.S. citizens or LPRs.

• Asylum — Individuals who face a well-founded fear of persecution in their home countries can petition for asylum even if they are currently under deportation proceedings.

• Adjustment of status — Nonimmigrants who would have qualified for a green card had they applied can avoid deportation by adjusting their statuses while undergoing deportation proceedings.

• Temporary protected status (TPS) — Nationals of certain designated countries who have been deemed deportable may be allowed temporarily to stay in the United States until conditions in their home countries improve. Deportation usually continues, however; once TPS is lifted.

If you have been ordered to be deported following a deportation hearing, an appeal to the Board of Immigration Appeals (BIA) may allow you to remain in the country while your appeal is pending. In some cases, you may even be allowed to remain free during this period.

Contact us today if you are facing deportation proceedings

Our experienced immigration litigators at Bretz & Coven, LLP have defended individuals in NYC and throughout the country during all manner of 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.