Potential Defenses Against Deportation

Facing deportation is frightening. Families from all over come to the United States seeking a better life, and if someone is deported, it will have a significant impact on an entire family. Whether you are facing deportation due to criminal charges or are simply out of status,  deportation is a chilling thought. However, if you are detained or in removal proceedings, do not lose hope. With the help of an experienced attorney, you may not have to leave the United States at all. If you are facing deportation, here are some of the questions you may have:

What is a waiver against deportation?

One of the primary defenses against deportation is obtaining a waiver. If immigration authorities have indicated that you will be barred from entering the United States, you may be able to obtain one of two waivers:

  • Inadmissibility Waiver: An immigration attorney may ask the court to allow your entry despite the existence of inadmissibility factors.
  • Removability Waiver: An immigration attorney may as the court to allow you to stay in the United States, even if you committed a removable violation.

Can I stay in the United States even if I have committed a crime?

If you or someone you know is an immigrant in jail on criminal charges, there is a strong chance that an Immigration and Customs Enforcement officer will place a detainer against you. This means that even if you are bailed out on the local criminal charge, you may still be sent to ICE detention while the immigration authorities consider whether or not to remove you from the United States. Although our firm does not represent clients on criminal charges, we will work with criminal defense lawyers to ensure the process goes as smoothly as possible. It is crucial you know when to pay a criminal bond, as the payment may result in an individual’s immediate detention by immigration enforcement. An experienced criminal defense attorney should focus heavily on minimizing the consequences of your criminal conviction, as you are at risk of losing your green card or temporary work visa.

Contact our New York City firm

We can also help arrested immigrants who are in ICE detention. We work on your defense to removal proceedings related to the criminal case. To learn how our experience with the immigration consequences of criminal charges can help you and your family, contact the Law Office of Cheryl R. David in New York City.

The Law Offices of Cheryl R. David practices immigration law throughout NYC. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.