New York Deportation Guide
The New York deportation guide was created by Empire Immigration Law, PLLC to help answer common questions you may have about the immigration process. Call our lawyers for a consultation.
The fear of deportation can weigh heavy on your mind and affect the way you live your life on a daily basis. If you want to come up with a plan to avoid deportation, please get in contact with our Buffalo, NY, deportation lawyer today. You deserve to have someone fight on your behalf to keep you in this country and let you continue living the life you’ve worked so hard to build in peace.
Our Buffalo, NY, deportation lawyer, Ramon Irizarry, is dedicated to giving assistance to those who fear having to be removed from this country, away from the life they’ve worked so hard to build. He has proven success handling cases in which someone is facing deportation. If you are looking for someone who is passionate about helping their community, call our office today.
During a first consultation, you can learn what your rights are from our experienced lawyer. You surprisingly do have some rights in immigration court. The government has to show that you need to be removed because of a convincing and clear reason proven by unequivocal evidence and if we can poke a hole in that we can help keep you here.
If the government is successful in proving what they have to prove, then you can try with our help to apply for every possible avenue of relief from having to be removed from this country. Our options include having an adjustment of status, filing a waiver of inadmissibility and removability, attempting a cancellation of your removal, establishing asylum and more. You want a lawyer who handles this frequently and has the personalized and first-hand experience to successfully help you.
If your case gets denied by an immigration judge, then we will appeal within 30 days to the board of immigration appeals. If they deny your appeal, then you will be able to take this to the U.S. federal court of appeals.
You can learn your options during a consultation.
Removal of Nonlawful Permanent Residents
When we defend deportation movements, we can try to cancel a removal if you are a nonlawful permanent resident and can help you head on your way to getting a green card in the process.
There are four things that you need to prove in order for you to be able to cancel your removal and get a green card.
You must have already been in the United States for 10 years or longer and have been able to show that you are a person who has good moral character for the past 10 years, as well as showing you don’t have any disqualifications such as criminal convictions. You might also be able to show that you have a parent, child under 21 years old, or a spouse who is a United States citizen or a lawful permanent resident who would suffer “exceptional and extremely unusual hardship” if you were to be removed.
Cancellation of Removal
Our Buffalo, NY, deportation lawyer can help you cancel your removal if you are a lawful permanent resident with a green card and you would like to stay in the United States. You do, however, have to prove five things in order for this cancellation of removal to be granted.
You need to show that you were a lawful permanent resident for at least five years or you have had continual residence in the United States for at least seven years. You also need to show you have never been convicted of an aggravated felony nor have you been granted a cancellation of removal ever before. It will be at the discretion of the immigration judge as to whether or not your case gets granted.
Waivers of Removal
Our Buffalo, NY, deportation lawyer has had experience obtaining waivers of removal for clients in the past, which is a common ground of removability that shows that when you entered the United States, it was inadmissible.
Whether or not you are eligible for a waiver of removal depends on whether or not you can establish hardship for your close family members if you were to be taken out of the United States. If you are able to show that there would be extreme hardship to lawful permanent residence or United States citizens, such as a parent or a spouse, we could move forward with that approach.
If you were placed in a deportation proceeding before April 1, 1997, you could be eligible for a suspension of deportation. Depending on the three following conditions, you may be able to apply for permanent residency through your suspension of deportation:
- You have to have resided in the United States continuously for the last seven years with only short and innocent absences from the country.
- You also have to show that you have a good moral character
- You need to show if you were to leave it would cause extreme hardship to citizens or permanent residence of the United States
Our Buffalo, NY, deportation lawyer can help you determine if you are eligible.
Getting an Adjustment of Status
We have been able to successfully save people from being deported by applying for an adjustment of status for them.
If you are someone who would be considered deportable but you are the parent spouse or child of a United States citizen, you might be eligible to adjust your status to a lawful permanent resident. There are a lot of different types of people who might be eligible for an adjustment of status under section 245i of the law, such as people who have a visa petition that was submitted on or before April 30 of 2001.
If you became a permanent resident after you were married or your parent was married and that’s how you became a permanent resident, then you might be at risk of having your legal status terminated by the USCIS if you don’t meet some standard requirements. You might be placed under deportation proceedings, but you can renew your application for an adjustment of status to a permanent resident in front of an immigration judge.
Legalization or Amnesty
You will be allowed to stay in the United States if you are found to have qualified for amnesty or legalization by the United States citizenship and immigration services. Once this is determined, then any hearings for deportation will end as you have shown you have a legal right to remain in this country.
If you have been in the United States since before January 1, 1972, and you have good moral character and do not have any aggravated grounds for which you can be deported but you are not eligible for naturalization, then registry can be another way for you to remain a lawful permanent resident here in the United States. That’s something a Buffalo, NY, deportation lawyer can help you with.
What is Voluntary Departure?
If you have no other possible relief from your removal, then perhaps we need to look at the possibility of voluntary departure from this country. Most people are eligible and can apply for this. You will be able to avoid the stigma that comes with being deported, as well as the legal issues attached to removal from this country.
If your deportation is based on aggravated grounds, you will not be able to go forward with voluntary departure. If you are not being removed because of aggressive grounds, however, then you will be able to apply for voluntary departure. You also have to be able to afford to depart from the United States within a particular period of time that is determined by an immigration judge and they must be able to establish good moral character for you over the past five years.
The immigration judge is going to grant this at their own discretion. If for whatever reason they don’t decide to grant it, we can appeal as we have done so in the past to the Board of Immigration Appeals and the U.S. Court of Appeals.
Frequently Asked Deportation Questions
After an Immigration Arrest, How Soon Will the Undocumented Immigrant Be Deported?
We receive a lot of phone calls from concerned family members who are very worried about their loved ones that have just been arrested by ICE. A frequent question that we receive is, “How soon after an immigration arrest will my family member be deported?” The answer to that question is that it depends. Some people are deported without ever seeing a judge. In most cases, however, ICE will not deport your family member without an order of removal or an order of deportation from an immigration judge. They will have their opportunity to present their case in front of an immigration judge. With regard to timing, some of these cases can last weeks; some of these cases can last months or even years. In the end, it really depends on whether or not your loved one has a right to remain here in the United States.
If you have any questions about the deportation process, give us a call. We’d love to answer your questions.
Can Marrying Someone Stop Deportation?
We receive a lot of inquiries from people who are in removal proceedings, and a common question that we receive is, “Can marrying someone stop deportation?” It really does depend. You need to answer whether the future spouse is a U.S. citizen or a lawful permanent resident. If the answer to both of these questions is no, then marrying this person is not going to prevent deportation.
Next, you want to consider all of the other eligibility requirements, including manner of entry. If you’ve entered the United States unlawfully, you are not eligible for adjustment of status. Also, you want to consider prior criminal and immigration violations because these could prevent you from getting your green card, as well.
There are a lot of considerations, a lot of things to think about, and we can help you answer all these questions. Give us a call. We’d love to talk to you about your immigration matter.
Can You Come Back to the United States after Being Deported?
Recently, we received a phone call from a woman whose husband had been deported. Her question was, “Can you come back to the United States after being deported?” The answer to that question really is that it depends.
There are several different orders of removal. Orders of removal can be in effect for five, ten, or twenty years, or even permanently. One of the most important considerations is what was the reason for the order of removal? For example, aggravated felonies will prevent people from coming back to the United States permanently.
It’s a pretty complicated question. It’s a pretty complicated topic. If you have any questions about this or any other immigration related matter, give us a call. We’d love to talk to you.
If Someone Tips ICE off that I’m Illegally in the U.S., Will I Be Deported?
We receive a lot of phone calls from people who are here in the United States without lawful status and they’re very worried. They usually want to know, “If someone tips off ICE that I am here unlawfully in the United States, will I be deported?” There are several things to take into consideration when answering this question.
The first is ICE’s enforcement priorities. For example, their enforcement priorities may only include people with prior orders of removal or people with serious criminal convictions. If those are the enforcement priorities at the time, then those are the people that they’ll target. Of course, these priorities can change. There was a time when anybody who was here in the United States unlawfully would be considered an enforcement priority. The next consideration is what would happen if you were placed in removal proceedings? The main question there would be do you have any defenses, any forms of relief from removal?
It is a pretty complicated process, and we invite you to give us a call if you have any questions at all about this or any other immigration related matters.
If the Immigration Judge Orders Me Deported, What’s Next?
We have the honor of representing a lot of people who are in deportation proceedings. Naturally, they’re all very worried and concerned, and a frequent common question we receive is, “What happens if the judge orders me deported?” In that moment, you have two options: you can waive your right to appeal or you can reserve your right to appeal.
If you waive your right to appeal, the ICE officers will immediately start making arrangements to return you to your home country. If you reserve your right to appeal, you then have 30 days to file the paperwork with the Board of Immigration Appeals in Falls Church, Virginia. The judge’s order does not become a final order of removal unless the Board of Immigration Appeals affirms the judge’s order.
If you have any questions about your removal case or any other immigration related matters, give us a call. We would love to talk to you.
What are Deportable Offenses?
Just recently, we received a phone call from a potential client, and she was very worried about being deported. She had a lot of questions, including, “What are the deportable offenses?” What we explained to her was that the Immigration and Nationality Act is a very complex set of laws. These laws determine who enters the United States, who gets to remain in the United States, who’s excluded from entering the United States, and who should be physically removed from the United States.
From what we see in our practice, the most common deportable offenses are people who enter the United States unlawfully and people who maybe were permitted to enter the United States but have done something that now makes them removable. Also, certain criminal offenses can make people removable from the United States.
If you have questions about deportable offenses, deportation matters in general, or any other immigration matters, give us a call. We’d love to talk to you.
What is a Notice to Appear, Regarding Deportation?
We receive a lot of inquiries from people who are very concerned because they received a paper in the mail. This paper says on the top, “Notice to Appear.” They’ll call and ask, “What is a Notice to Appear?” The Notice to Appear is the document that starts removal proceedings against you. This document will have all of your personal information, and it will also state all of the reasons why the Department of Homeland Security believes that they have the right to remove you physically from the United States. This document will be presented to the immigration court, and the immigration court will consider all of the allegations. The immigration court will also consider whether or not you have any defenses against deportation.
If you’ve received a notice to appear, if you’re in deportation proceedings, or if you have any other immigration related questions, give us a call. We would love to talk to you.
Call Our Buffalo, NY, Deportation Lawyer Today
We are here to help you, whether you’re planning for a possible deportation or you’d like to avoid the possibility all together. Please get in contact with us right away and we can help you with this and any other immigration issues you are facing. Call our Buffalo, NY, deportation lawyer right away.