NYC Deportation Defense Lawyer

New York City Deportation Defense Attorney

You may have a successful career, a loving family, and a happy life in the United States — and all of these are threatened if the government forces you to leave and return to a country you barely recognize. At Pollack, Pollack, Isaac & DeCicco, LLP, our immigration and deportation attorneys focus on protecting your ability to remain in the country where you have made your home. We have expert knowledge of deportation laws and use our experience to help keep your family together in the United States. Whether you’ve been targeted for removal due to an arrest, an alleged problem with documentation, or some other issue, our qualified New York City immigration advocates will counter unsupported charges and fight actions that threaten your American dream.

Ways to Avoid Deportation

Receiving a Notice to Appear at a removal hearing is frightening. This document sets a date where you must go before the Immigration Court because you are a non-citizen being accused of entering the United States unlawfully, remaining in the country after your authorization has expired or committing an act that disqualifies you from staying in the country. Regardless of what the particular charge entails, our immigration lawyers can identify ways that you can fight back against deportation, such as:

• Waivers — If you can demonstrate that deporting you or your spouse would cause an extreme or unusual hardship for your family, you may be able to get a waiver of deportation depending on your status and the number of years you’ve spent in the United States. In these matters, the burden of proof is on the individual seeking a waiver, so it is important to act quickly and get help from an attorney who can prepare the strongest possible case on your behalf.
• Adjustments of status — Though you might have been admitted to the country on a temporary basis, the work you’ve done and the relationships that you’ve built here could justify a change under United States Citizenship and Immigration Services regulations. It is possible to adjust your immigration status based on your relationship with a U.S. citizen or lawful permanent resident who holds a work visa. Your employer also may sponsor you.
• Cancellations — A deportation order may be canceled if you can prove that you have been in the United States for more than 10 years, that you are of good moral character, and that your deportation would cause an “exceptional and extremely unusual hardship” to a spouse or child who is a citizen or legal resident.
  Once you receive the Notice to Appear for a removal action, the clock starts ticking. Our firm has more than six decades of experience handling all types of immigration, visa, and naturalization issues. We’ll represent you in the master calendar hearing, develop a sound defense strategy for the merits hearing, and make every effort to help you stay in the United States.

We guide clients seeking DACA protection

Individuals who were brought to the United States illegally before the age of 16 can delay or end the deportation process under the Deferred Action for Childhood Arrivals (DACA) program. Though DACA is currently being challenged in court, these people can apply for a renewable two-year waiver and a work visa as long as they meet certain requirements. If you believe you qualify, our immigration lawyers will examine the details of your case and pursue a resolution that lets you remain in this country to study or work.

Common Removal and Deportation Issues We Help With:

• Illegal Entry or Overstaying Visa: If someone enters the U.S. illegally or overstays their authorized period of stay on a visa, they can be subject to deportation.
• Criminal Convictions: Non-U.S. citizens who are convicted of certain crimes, such as drug offenses, domestic disputes and battery, aggravated felonies, and violent offenses, may face deportation proceedings.
• Visa Violations: Violating the terms of a visa, such as working without authorization on a tourist visa or studying on a tourist visa without proper authorization, can lead to deportation.
• Fraud or Misrepresentation: Providing false information or documents in immigration applications, such as marriage fraud or fake employment claims, can result in deportation if discovered.
• Public Charge Grounds: If an immigrant becomes primarily dependent on government assistance programs for their support, they may be subject to deportation under public charge grounds.
• Immigration Violations: Failing to attend immigration hearings, failing to comply with deportation orders, or engaging in other immigration-related violations can lead to deportation.
• Security Concerns: Individuals who pose a threat to national security or have engaged in terrorism-related activities may be subject to deportation.
• Violation of Protection Orders: Non-U.S. citizen spouses or partners who have been subjected to protective orders due to domestic violence or similar situations and are found to have violated these orders might face deportation.
• Unlawful Presence: Individuals who accumulate a certain period of unlawful presence in the U.S. may face a bar from re-entering the country, making them eligible for deportation upon leaving.
• Health-Related Grounds: Immigrants who are found to have certain communicable diseases or are deemed to be a public health risk can be subject to deportation.

FAQs

Q: How Do I Fight a Deportation Case?

A: To fight a deportation case against you, it is important to immediately look for assistance from an experienced immigration lawyer who can analyze your case and help you quickly mount a strong defense.

An attorney can help you file for various forms of relief, depending on your case, including adjustment of status, application for asylum, and cancellation of removal. A lawyer can work with you to gather documentation supporting your relief eligibility to stay in the US and represent you during proceedings.

Q: How Do I Overturn a Deportation Order?

A: If you are facing a deportation order, you can fight to overturn it by appealing the decision to the Board of Immigration Appeals within one month of receiving the order. Furthermore, if your case involved a legal error, you can work with an attorney to file a motion to reconsider.

If your situation has changed or if new evidence has come up, it may be possible to file a motion to reopen. In some cases, judicial review of an appealed decision can be reviewed in federal court.

Q: Can a Judge Stop a Deportation?

A: Yes, it is possible for an immigration judge to stop a deportation if your application for relief is granted. Forms of relief include adjustment of status, asylum, or cancellation of removal. A judge will review your application, understand whether you are eligible for the forms of relief you applied for, and ultimately decide on your case based on the presented legal arguments and evidence. An immigration lawyer can help you convince a judge to stop your deportation.

Q: What Happens If I Miss My Immigration Court Hearing?

A: If you miss your immigration court hearing, this can lead to an automatic order of removal. Therefore, it is critical to be on time for all scheduled immigration court hearings so that you can adequately represent yourself and fight back against your deportation or removal order. An experienced immigration lawyer can help you understand key deadlines and requirements associated with your case, helping ensure you are present at crucial hearings.

Q: Can I Reopen My Deportation Case?

A: Yes, it is possible to file a motion to reopen your deportation case. By working closely with an immigration lawyer, they can help determine whether there were procedural errors during your first case and, if so, file a motion to reconsider. If new evidence or circumstances arise in your case, you can work with your lawyer to file a motion to reopen. A motion must generally be filed within 90 days of the final order, but there may be exceptions in your case.

Fight Back With a Dedicated Immigration Lawyer

If you are facing a deportation or removal order, this can be frightening and overwhelming. Thankfully, a dedicated and experienced immigration lawyer from PPID is here to analyze your case and support you by quickly developing and mounting a strong defense strategy. We can fight back together against your charges, leveraging key legal tools and options for relief to defend your right to stay in the US. Schedule a Consultation.