How To Avoid Deportation With a Felony In NYC?

If you’re an immigrant living in New York, it’s important that you understand how to protect yourself under immigration law. For instance, it can be helpful to know how to avoid deportation with a felony in NYC. Working with an immigration lawyer is a good way to improve your chances of staying in the United States, and knowing a bit more about the deportation process and how to protect yourself can be highly beneficial if you face issues down the road.

Three Ways to Avoid Deportation in NYC

It can be challenging to figure out how to stay in the country if you are subject to deportation, but it’s not impossible. Depending on your situation, you may be eligible for an alternative type of relief instead. Here are three avenues to explore to avoid deportation with a felony in NYC:

• Adjust visa status. If you are able to secure a job or become eligible for a green card through your educational or marital status, you may be able to adjust your visa to strengthen your case against deportation.
• Leave voluntarily. While it may not be the most appealing option, leaving on your own can help you avoid the deportation process and secure your eligibility to reapply for citizenship down the road.
• Seek asylum. If you are in danger of persecution in your home country, it may be possible to apply for asylum in the United States. You can state that it’s not safe for you to return to your home country, which can force Immigration and Customs Enforcement (ICE) to find an alternative to deportation.

With a felony conviction, it’s important to employ solid defense strategies for the crime itself to help avoid deportation as well. Common strategies that criminal defense attorneys use in deportation cases include:

• Arguing the credibility of the prosecution’s account
• Claiming a presumption of innocence
• Having exculpatory evidence
• Showing that constitutional rights were violated

Defending yourself against felony charges as an immigrant can be challenging and confusing. It’s advised to work with a New York immigration lawyer, so you can have experienced legal guidance throughout the process.

Immigration in New York City

Arrests for civil violations of immigration law made by ICE increased by 88.2 percent between fiscal year 2016 and 2018, with the change of the presidential administrations. This came after a period of decline in immigration arrests in the region.

In 2025, the country finds itself back under the same administration, and immigration policy is feeling the impact. There were a total of 4,667 administrative arrests made by ICE in fiscal year 2024. Of these arrests, 600 were due to a criminal conviction, and another 250 were for pending criminal charges.

Federal policies have a huge impact on immigration trends in New York City. The Trump administration imposed a series of executive orders, effectively increasing ICE arrest quotas, reinstating the Remain in Mexico policy, and limiting Temporary Protective Status (TPS) for Venezuelans.

Between 2000 and 2024, a total of 254,180 New York State residents have received removal orders. The top 10 countries with deportation orders from the United States are:

1. Ecuador
2. China
3. Guatemala
4. Honduras
5. El Salvador
6. Mexico
7. Dominican
8. Colombia
9. India
10. Peru

The immediate future of immigration policy in the United States is unknown, which is why it’s important to seek legal representation from an immigration lawyer you can trust. This is especially true if you’ve been charged with a felony and are concerned about it impacting your immigration status.

FAQs

Q: What Are the Most Common Reasons for Deportation in New York City?

A: The most common reasons for deportation in New York City involve committing a crime. These include aggravated felonies, domestic violence convictions, drug crimes, fraud, sex offenses, theft, and weapons possession. If you find yourself facing deportation due to a felony, hiring a lawyer who is knowledgeable in deportation law can be crucial for your future.

Q: Can a Person With a Felony Come Back to the United States After Being Deported?

A: Yes, a person can come back to the United States after being deported, even if they have a felony conviction. There may be specific requirements and restrictions depending on the details of the felony conviction, so it can be helpful to work with a skilled immigration lawyer to evaluate your situation and help you determine the right path forward.

Q: What Happens if I Reenter the United States Without Permission After Being Deported?

A: Reentry into the United States after deportation can lead to hefty fines and up to two years in prison. If a person comes back into the country after being deported due to a conviction of three or more misdemeanors or a felony, prison time increases to 10 years. Prison time can increase to 20 years if the person was deported after receiving an aggravated felony conviction. To avoid these penalties, reach out to an immigration lawyer prior to reentry.

Q: Can I Lose My Green Card if I Have a Felony in New York City?

A: It’s possible to lose your green card if you commit a felony in the United States, including in New York City. This can be especially true if you are convicted of an aggravated felony or another crime involving moral turpitude. If your immigration status is at risk, it’s wise to talk to a NYC immigration attorney to start building your defense.

Talk to a New York City Immigration Lawyer to Learn More Today

Facing felony charges in New York City can be overwhelming, especially if your immigration status is at risk. Fortunately, you don’t have to go through this on your own. By working with an immigration lawyer, you can have peace of mind knowing you’re doing everything you can to defend your case.

No matter your situation, you can count on the attorneys at PPID to be there for you. We have decades of experience navigating complex immigration cases. If you’re ready to talk about your situation, contact our office to schedule a consultation today.

About The Author

Conrad E. Pollack

Conrad E. Pollack is the Managing Partner and Director of Immigration at Pollack, Pollack, Isaac & DeCicco, LLP. He graduated Magna Cum Laude from New York University and earned his J.D. from Brooklyn Law School. With over three decades of experience in immigration law, Conrad has helped countless clients achieve their American Dream. Under his leadership, PPID has expanded significantly, opening new offices in Peekskill and Brooklyn, NY. He is a member of the American Immigration Lawyers Association and has been recognized for his professional excellence with numerous awards and distinctions. Education: Magna Cum Laude graduate from New York University; J.D. from Brooklyn Law School. Awards: Recipient of numerous professional excellence awards. Memberships: Active member of the American Immigration Lawyers Association.

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