The threat of deportation can disrupt your life — it may create crippling uncertainties about where you’ll live, how you’ll support yourself, or if you’ll ever reunite with your loved ones. Understanding the deportation process and seeking representation from a deportation attorney in New York can help you take the right steps to protect yourself. This guide explains what removal proceedings involve, the defenses available, and how an attorney can assist you.
What happens during removal proceedings?
Removal proceedings (or deportation) begin when the Department of Homeland Security issues a Notice to Appear, which is a document that outlines the government’s reasons for seeking removal.
Key stages of the process include:
- Initial hearing – Also called the master calendar hearing, this is where you confirm your identity and respond to the charges. Missing this hearing can result in an automatic removal order. You will not be allowed to reenter the US for up to 10 years.
- Merit hearing – This is when you present your case to the immigration judge. The judge evaluates whether you qualify for relief or must leave the US.
Preparing early is crucial because the process can move quickly. Talk to a deportation attorney in New York right away.
What are the things you need to do if you face deportation?
Acting fast and strategically is the best way to improve your chances of staying in the US.
Seek legal advice from a deportation attorney in New York. They can evaluate your case and help you identify defenses. If you’re a lawful permanent resident and haven’t violated the terms of your residency, you might be able to argue that you’re not removable. They can also help you collect documents that demonstrate your ties to the US, your character, and any risks you might face in your home country.
Every case is unique, so early legal assistance can help you identify the best course of action.
What are the most common reasons for deportation?
Deportation proceedings often begin from immigration law violations or criminal activity, including:
- Offenses such as theft, fraud, or domestic violence (crimes of moral turpitude)
- Serious crimes like murder or drug trafficking (aggravated felonies)
- Overstaying your visa or failing to comply with its terms
- Misrepresenting your status to authorities (false citizenship claims)
- Not notifying authorities of changes in name, address, or other identifying information.
You need to first understand why the government is seeking removal so you can build a focused and effective defense with your deportation attorney in New York.
What are the legal options to prevent deportation?
Deportation doesn’t have to be final. There are several legal defenses that might allow you to remain in the US depending on your circumstances:
- Adjustment of status – You might be able to change your status to lawful permanent resident, halting deportation in the process.
- Asylum – If returning to your home country would expose you to persecution, you may qualify for asylum based on factors like race, religion, or political opinion.
- Cancellation of removal – This option is available for certain individuals with long-term residence in the US who can demonstrate good moral character and significant hardship if deported.
- Withholding of removal – If deportation would lead to harm in your home country, this form of relief allows you to remain, though it doesn’t grant permanent residency.
Your deportation attorney in New York can evaluate your case and determine the best relief options based on your specific circumstances.
How can a deportation lawyer help you stay in the US?
Deportation attorneys will provide you with the legal support you need during removal proceedings:
They analyze whether the government has sufficient grounds for removal and identify potential defenses. They also help prepare complete and accurate paperwork while ensuring that deadlines are met. During hearings, they advocate for your rights and present arguments on your behalf.
If you are detained, they can assist in securing your release while your case is pending.
When should you seek legal support?
If you’re facing deportation, talk to a deportation attorney in New York as soon as possible. Deportation defense is highly specific and requires detailed knowledge of immigration law and court procedures. You will want to work with an experienced lawyer who can explain your options to you and guide you through the steps required to defend your case.
If you’re unsure about your next steps, contact Berd & Klauss, PLCC, to discuss your circumstances and find out what defenses might apply to your situation. Call us at 212-461-7152 or send an email to [email protected].