Deportation & Waivers

Home > Deportation & Waivers

Best Deportation & Waiver Lawyer in NYC – Berd & Klauss, PLLC

Learn About Immigration Law in New York

Let Berd & Klauss, PPLC help you understand immigration law. We work on all types of issues, including relief and eligibility for waivers. Feel free to contact our office for some information or to schedule an appointment to talk to one of our lawyers. We will do our best to help you navigate the legal process and get you what you need.

Relief

Immigration law provides certain types of relief from removal in the Immigration Court, the BIA and various Federal Courts. Among possible avenues of relief are:
1. Cancellation of removal for permanent residents;
2. Cancellation of removal for non-permanent residents;
3. Adjustment of status to permanent residence;
4. Asylum, withholding of removal and UN Convention Against Torture; and
5. Waivers of inadmissibility and deportibility.

Best deportation lawyer NYC - Berd & Klauss, PLLC

Eligibility For Waivers

Eligibility for waivers of removibility depends upon the alien’s ability to establish extreme hardship to his or her immediate family members if he were to be removed from the U.S. For instance, a person who has committed fraud or material misrepresentation may apply for a waiver under §212(i) if the failure to admit him to the U.S. would result in “extreme hardship” to his lawful permanent resident (LPR) or U.S. citizen (USC) spouse or parents. Similarly, a person who is inadmissible on certain criminal grounds may be eligible for a waiver under §212(h) if the failure to admit him to the U.S. would result in “extreme hardship” to his LPR or USC spouse, parents or children.

Representation

In representation of aliens in deportation proceedings, we pursue the following major stages:

If an alien is detained by the USCIS, we seek his release (on his own recognizance or bond) from detention during removal proceedings;

We use our experience to persuade the USCIS to exercise favorable prosecutorial discretion;

We deny deportibility or inadmissibility based on denial of one or more of the following legal doctrines and theories: alienage, conviction, admission of offense, reason to believe that individual is a drug trafficker, aggravated felony, crime involving moral turpitude, controlled substance offense, crime of domestic violence.
During removal proceedings, we examine the facts of the case, and possibly apply for one or some of the following types of relief from removal: termination of proceedings to permit naturalization hearing, application for 212(c) waiver, application for cancellation of removal, application for adjustment of status, application for 212(h) waiver of inadmissibility, application for 209(c) waiver of inadmissibility, application for asylum, withholding of removal, relief under Torture Convention.

Moreover, we pursue post-conviction relief tactics using statutory and case law. We cooperate with experienced criminal lawyers to vacate convictions and render an alien admissible and non-deportable.

Deportation

Deportation, or removal proceedings, is the government’s attempt to remove an individual from the United States due to the fact they do not have a legal basis to remain physically present in the U.S. If the proceedings are not successful, deportation may force a foreign national to leave the United States and make it extremely challenging to return legally. Removal proceedings require Immigration and Customs Enforcement (ICE) to provide evidence that you can be legally removed from the U.S. An experienced New York deportation lawyer can challenge immigration authorities in their case against a foreign national and prove that you qualify for any exceptions that can overcome deportation proceedings and allow you to remain in the United States.

One common reason a person can be deported is for entering the country without inspection. This can include entering without inspection, such as using a different passport than ones own or illegally crossing a border. Even if you did enter the United States legally with a valid visa, you can be removed if you overstay your visa. In addition, a person in the country legally can become deportable if convicted of certain crimes. Our Firm’s attorneys represent individuals in all types of removal matters in New York and throughout the New York metro area.

Berd & Klauss, PLLC provides exceptional and experienced immigration attorneys to counsel international companies, small business and individuals in immigration matters which range from employment-based immigrant visas, non-immigrant work visas, marriage green cards and citizenship. Our lawyers are based in New York and can successfully represent individuals who wish to work in the U.S., such as foreign students looking for their first job after graduation.