Deportation / Removal Defense & Waivers
Fighting Deportation Actions in New York
Deportation can have an immediate, traumatic impact on immigrants and their families. If you are detained, you may not be able to support your family financially and if you are deported, you will not be with them at all. Just the threat of deportation can change your life dramatically. Even when you have a green card, one act can result in deportation proceedings and possibly detention. The right defense can make a tremendous difference in your case.
At The Law Office of Cheryl David, we are nationally recognized and known throughout New York for our zealous representation in all types of immigration cases. If you are detained or in removal proceedings, we can help. We regularly and successfully defend immigrants who are here illegally or with a temporary visa or green card against deportation actions involving:
- Illegal immigration
- Traffic and Criminal charges
- Violations of visa conditions
- Overstaying the term of a visa
There are many different situations that can place you in deportation proceedings. The Immigration and Nationality Act (INA) divides deportation in two separate categories:
Deportation for those who are seeking to enter the United States. This category of deportation is called an “inadmissibility” proceeding under the section 212 of the Immigration and Nationality Act (INA).
Deportation for those who are already in the United States. This category is called a “removal” proceeding under section 237 of the INA. In removal proceedings, the burden of proof is on the government to demonstrate that the non-citizen committed a criminal offense or violated immigration law in some other way.
One way to respond to deportation is to obtain a waiver. If you are facing removal or immigration authorities have indicated that you will be barred from entering the U.S., we will help you to obtain the appropriate waiver:
- Inadmissibility Waivers – we can ask the court to allow you entry despite the existence of inadmissibility factors.
- Removability waivers – we can ask the court to let you remain in the United States even if you committed a removable violation.
Helping to Minimize the Consequences of a Deportation and Removal Proceedings
A criminal conviction may result in the loss of your green card or temporary work visa. If you are applying for permanent resident status, your criminal record could make you ineligible. At the Law Office of Cheryl R. David, our goal is to make sure that your immigration interests are protected to the greatest extent possible while your criminal defense lawyer works to minimize your exposure to punishment. Moreover, we explain the risks of applying for a green card or visa if you already have a criminal conviction.