Key Strategies for Successful Deportation Defense in NYC

If you’re a U.S. non-citizen in New York City, it’s worth it to do some extra research on immigration policy to understand your status in the country as well as how it can be threatened. Whether you’re currently facing an issue or not, it can be helpful to know these key strategies for successful deportation defense in NYC.

Three Deportation Defense Strategies Used by New York City Immigration Attorneys

If you’re living comfortably in the United States, the last thing you want is to be forced to leave. Facing deportation can be frightening and overwhelming. There are a handful of defenses you can use to fight against a deportation or removal order in New York City, and it’s important that you understand each of them. Common deportation defenses include:

• Adjust visa status. It’s possible to obtain status in the United States as a lawful permanent resident (LPR) if you meet certain requirements. Some potential avenues to explore are through familial ties, marital status, and a qualifying job that secures you an employment-based green card.
• Apply for asylum. If you are afraid to return to your home country for fear of persecution, you can apply for affirmative or defensive asylum. The United States Citizenship and Immigration Services (USCIS) handles affirmative asylum applications for those in the country for one year or less and who have not violated immigration policy. Defensive asylum is for people already facing deportation or whose affirmative applications were denied.
• Petition for cancellation of removal. Depending on your situation, you may be able to file a petition for a cancellation of removal. These can be granted if a person can prove that they’ve been in the country for a long period of time and that removing them would cause serious pain and suffering to another U.S. citizen or LPR.

Depending on your situation, one of the above options may work better than the others. In some cases, you may not be eligible for any of them. Immigration cases vary on a case-by-case basis, which is why it’s important to have a solid understanding of your situation and where you fit into the mix.

By working with an NYC immigration attorney, you can rest assured you’re building the strongest defense for your case. Your lawyer can evaluate your case, guide you through the steps of the process, build a solid defense, and represent you in court, so you have a good shot at a successful case outcome.

The State of Deportation in New York City

Deportation is a serious issue that many people throughout the country face on a daily basis. According to a 2025 analysis, there are approximately 250,000 New York residents who have orders to be deported. The largest number of orders went to Ecuadorians, with about 33,000, followed by China, Guatemala, Honduras, and El Salvador.

The U.S. Immigration and Customs Enforcement (ICE) issues deportation or removal orders for a variety of reasons. Most often, it’s due to a person with immigrant status being charged with a crime of some nature. So far in fiscal year 2025, there have been a total of 501 administrative arrests made by ICE. This includes 72 arrests for pending criminal charges, 130 arrests for criminal convictions, and 299 arrests for other immigration violations.

Deportation cases can be complicated and frightening, no matter the circumstances, which is why it’s highly advised to work with a NYC immigration lawyer. Your attorney can help you understand all the hearings and interviews involved with deportation defense procedures and build a strong defense on your behalf that gives you a fair chance at staying in the country.

FAQs

Q: What Is Immigration Defense in New York City?

A: Immigration defense refers to the many strategies employed to keep U.S. non-citizens in the country when something threatens their immigration status. Immigration defense attorneys fight against criminal charges, deportation orders, and removal orders by building strong defense strategies, presenting alternate relief options, and protecting their clients’ rights throughout the process.

Q: How Can a New York City Immigration Lawyer Help Me?

A: Navigating New York’s immigration policies can be overwhelming and nerve-wracking, especially if you’re actively facing deportation or removal. An NYC immigration attorney can help you better understand your situation and the procedures that you will likely have to follow. They can also build a strong defense and navigate complex legal issues in order to secure your right to stay in the country.

Q: What Are Some Defense Strategies Against Deportation in New York City?

A: If you’re facing deportation or removal in New York City, some potential options for avoiding the order include adjusting your visa status, applying for asylum, or petitioning to get a cancellation of removal. You may be able to adjust your status through familial ties, marital status, or by securing a qualifying job.

You can seek asylum by proving you can’t return to your home country for fear of persecution. You can also receive a cancellation of removal under specific circumstances.

Q: What Is the Difference Between a Refugee and an Asylee in New York City?

A: New York City takes in both refugees and asylees. Refugees refer to people who apply for international protection by the United States while still in their country of origin. Asylees refer to people who are already in the United States or at a port of entry and want to stay as a lawful permanent resident.

Reach Out to a New York City Immigration Lawyer to Talk About Your Case

If you’re facing deportation in New York City, it’s wise to get in touch with an NYC immigration defense lawyer. On top of helping you understand the process, your attorney can work with you to build a strong defense and use their knowledge of the law to improve your chances of success.

Our team at Pollack, Pollack, Isaac & DeCicco has over six decades of experience handling immigration cases in New York City, and we’re ready to hear your story. All you have to do now is contact our office to set up an appointment with an immigration attorney 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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