Deportation and Removal Defense Attorneys
The immigration system is complex, and it can be overwhelming. In many cases, the only way to stop deportation or removal is to hire a competent and experienced New York City deportation and removal defense lawyer. At Markhoff & Mittman, we have successfully handled hundreds of cases throughout the state of New York, and we have a proven track record of success.
At Markhoff & Mittman, P.C., we know the challenges immigrants may deal with when facing deportation after their entry into the country. As New York City deportation defense attorneys, we have helped numerous clients avoid deportation to keep their families together. We are committed to providing the best possible representation in all immigration matters. We offer free consultations to answer each question you may have regarding the issues that pertain to deportation or obtaining a visa in New York.
How Can An Immigration Attorney Help With Deportation?
Markhoff & Mittman, P.C. is a highly respected law firm representing clients facing deportation and removal from the U.S. The firm has a long history of defending people who have been accused of crimes, including drug charges, immigration violations, and violent offenses.
In addition to defending people accused of these crimes, our firm also helps clients seek relief from the threat of deportation and removal. Our immigration attorneys understand that immigration law is a complex issue and that the consequences of deportation can be devastating and are here to help determine the best solutions. We offer support for immigrants throughout the entire immigration process, including those requirements needed for one to gain naturalization, a green card, or legal citizenship.
What Are Common Reasons for Deportation?
Deportation is an unfortunate reality for many immigrants. In fact, according to the U.S. Department of Homeland Security, in 2016 alone, 1 million undocumented immigrants were deported.
So, what are some common reasons for deportation?
- Criminal Conviction (Including felonies)
- Immigration Violation
- Fraudulent Documents
Even if you haven’t committed a serious crime, you may still be subject to deportation based on your immigration status. For instance, if you entered the United States without proper documentation, you may be subject to deportation.
If you find yourself facing deportation for any reason, contact an experienced removal defense attorney immediately. A skilled immigration lawyer has the experience to help you avoid deportation and protect your rights. Our legal team can help you understand the information regarding your or a family member’s situation and answer any questions you may have. Our law firm has knowledge of all the New York immigration requirements and can build an attorney-client relationship through free consultations.
What Happens During Removal Proceedings?
Removal and deportation proceedings are initiated when an immigration officer determines that an immigrant has violated one of the grounds listed in Section 212(a)(6)(A)(i) of the Immigration and Nationality Act (INA). It is then necessary for applicants to file the necessary government documents.
Someone seeking a waiver of inadmissible status must file Form I-601 with the Department of Homeland Security (DHS). DHS must adjudicate the application within 120 days of filing. If DHS denies the application, the applicant may appeal to the Board of Immigration Appeals (BIA).
In addition to the above requirements, they can apply for a waiver of ineligibility and must show that their removal would result in extreme hardship to themselves or their immediate family members. They must demonstrate both their admissibility and their merit for a favorable exercise of discretion in order to establish their eligibility for one. With the help of an experienced attorney, immigrants can meet all the requirements addressing any violation.
What Are Your Legal Options When Facing Removal Proceedings?
There are several types of removal proceedings, including voluntary departure, expedited removal, and administrative removal. Each has its own set of rules and procedures.
Voluntary Departure
This is the most common form of a removal proceeding. Individuals facing voluntary departure are given notice and allowed to leave the country voluntarily within 30 days. If they fail to depart, they face arrest and detention.
Expedited Removal
Individuals facing expedited removal are arrested immediately upon entering the U.S., without any prior notice. Expedited removal is intended for those who are deemed dangerous or a flight risk.
Administrative Removal
An individual facing administrative removal is placed under arrest after arriving in the U.S. The individual is taken to an immigration court, where they may face a hearing to determine whether they should be removed from the country.
While these three types of removals each have their own set of rules and regulations, they share one thing in common: they are all considered civil matters.
That means that individuals facing removal proceedings have certain rights, such as due process and access to legal counsel. These rights apply regardless of whether the person is facing voluntary departure, expedited, or administrative removal.
How Can a Deportation Lawyer Help if You Have Been Detained?
What happens if you are detained after entering the U.S. illegally? What if you were stopped by Immigration & Customs Enforcement (ICE) officials and had no idea that you were going to be deported?
Our immigration law firm helps immigrants and their families:
- Locate family members currently held in immigration detentions
- Determine if they are eligible for bail or conditional release
- Find out if they can receive visitors or receive calls
- Determine if they can be moved to other states
- Offer legal advice and guidance if they are facing criminal charges
If a loved one is ineligible for a student or work visa, is charged with a crime, or is in danger of being deported due to inadmissibility, removability, or illegal entry, our law firm can help you through the immigration detention proceedings.
How Can I Avoid Being Removed From The Country?
It is possible to avoid removal proceedings altogether. To avoid removal proceedings, an individual must first file an application for asylum. An applicant for asylum must provide evidence that they meet the definition of a refugee. To qualify as a refugee, an individual must establish that their life or freedom is threatened in their home country due to race, religion, nationality, membership in a particular social group, or political opinion.
After filing an application for asylum, the applicant must appear before an immigration judge. At this point, the applicant can request withholding of removal. Withholding of removal allows an individual to remain in the U.S. but prevents them from seeking permanent residence here.
Withholding of removal is granted if the individual demonstrates that it is more likely than not that they will suffer persecution or abuse and torture if returned to their home country.
Withholding of Removal or Deportation
An immigrant seeking withholding of removal has the burden of proving that they face a clear probability of persecution or torture if returned to his/her native land. To qualify for withholding of removal, an immigrant must establish that it is more likely than not that they will suffer persecution or torture if deported.
The Department of Homeland Security may grant withholding of removal if it determines that the immigrant meets the definition of refugee and that the immigrant merits such relief.
What is Asylum?
Asylum is a special type of relief given to individuals who are fleeing persecution in their countries of origin. The term “asylum seeker” refers to an individual who applies for asylum.
Can My Spouse or Child Receive Asylum?
Yes. As long as the spouse or child is accompanying me, we can each apply for asylum together. We must file separate applications, however.
Do I Need Legal Representation?
It is important to retain counsel before filing an application for asylum. A lawyer can advise you regarding the procedures involved in obtaining asylum, including the requirements for submitting a complete application.
Waivers of Deportability and Inadmissibility
Waivers of deportability allow immigrants to remain in the U.S. without fear of deportation. They are granted by Immigration Judges based on individual circumstances.
Immigrants can apply for a waiver of deportability for many reasons, including:
- Immigrants with Temporary Protected Status (TPS)
- Nonimmigrant with TPS
- Certain nonimmigrants with Deferred Enforced Departure (DED) status
- Certain nonimmigrants with Specialty Occupational Certifications (SOC)
- Certain nonimmigrants with Lawful Permanent Resident (LPR) status
Types of Waivers and Consular Processing
- I-601A and I-601
- Any basis of inadmissibility may be attempted to be waived by submitting Form I-601. However, the use of Form I-601A is limited to attempts to waive unlawful presence-based inadmissibility. For instance, when a person enters the country unlawfully and remains there physically but has no legal status.
- I-212
- This waiver will allow those deemed inadmissible to reapply for admission, also known as the “permission to reapply.”
- Consular Processing
- There are two ways to apply for lawful permanent resident status after your immigrant petition has been approved and you have been given a visa number right away (a Green Card). You can apply for an immigrant visa at a U.S. Department of State consulate overseas if you’re outside of the country in order to enter the country and become a permanent resident. This is known as consular processing.
- National Visa Center (NVC)
- All fees and documents will be collected by the NVC, additionally, they are to be notified of any changes regarding your petition that may affect your eligibility.
Contact Our New York Lawyers for Experienced Immigration Representation
At Markhoff & Mittman, P.C. we are proud to represent immigrants and people facing deportation within the state of New York. Immigration laws are changing constantly. Our deportation defense attorney team represents clients facing deportation and removal from the United States and our attorneys have successfully defended numerous cases in immigration court, helping them to gain legal and permanent residence. The deportation and removal process can be long and difficult. We are here to help you navigate the process and to defend your rights through litigation. We can provide you with representation and advice regarding your case and how best to proceed. Our immigration lawyers will help you get results. Call for a free consultation to learn more about how we can help you or a loved one.
