When people come to the United States from all over the world, they do so in an effort to have a better life. It is because of this that the threat of deportation can be frightening. This may be the case in the event that an individual is facing criminal charges or if their status is expired and not renewed or adjusted. When facing these situations, it is important to not lose hope. Instead, it is critical that the individual retains the services of an aggressive and skilled New York City immigration attorney for assistance protecting their future.
What is Deportation?
There are many different situations that can put a person in a situation of deportation. Under the Immigration and Nationality Act (INA), deportation is divided into two separate categories. Deportation for individuals looking to enter the United States is categorized as an “inadmissibility” proceeding. Deportation for individuals who are already in the United States is known as a “removal” proceeding. In these situations, the burden of proof is on the government to show that the non-citizen committed a criminal offense or violated immigration law in a different way.
What is a Waiver Against Deportation?
One way that a person facing deportation can respond to defend themselves is through a waiver. If an individual is facing removal or immigration authorities indicated they may be barred from entering the country, an attorney can help to obtain an appropriate waiver. This can include one of the following:
- Inadmissibility Waiver: An immigration attorney may ask the court to allow the individual’s entry despite the existence of inadmissibility factors.
- Removability Waiver: An immigration attorney may ask the court to allow the individual to stay in the United States, even if they committed a removable violation.
Can I Stay in the U.S. if I Committed a Crime?
When a person commits a crime while they are in the country on a visa or green card, they may face the possibility of deportation. After facing criminal charges, there is a good chance an Immigration and Customs Enforcement (ICE) officer places a detainer against the individual. This means that they can still be sent to an ICE detention center even if they are bailed out on the charge. During this time, immigration authorities will consider whether or not they should be deported. When facing these situations, a skilled immigration attorney can work with criminal defense lawyers to ensure a smooth process and the protection of the green card or visa.
Contact our Firm
The Law Offices of Cheryl R. David practices immigration law throughout NYC. Immigration is a sensitive issue, which is why you should consider a compassionate, experienced, and aggressive immigration attorney who will guide you every step of the way. If you have questions about your particular matters regarding immigration please do not hesitate to contact our office to discuss your circumstances and options.