Removal Defenses in NYC | What to Know About Deportation

Deportation can be extremely frightening. If you are facing deportation, it is important to know that you still have options. Read on to learn more about deportation defenses in New York City.

What is deportation?

Generally, there are two main types of deportation. Deportation for individuals looking to enter the United States is categorized as an “inadmissibility” proceeding. On the other hand, reportation 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 can affect my immigration status?

Unfortunately, there are many ways that you can jeopardize your immigration status. Some of the main reasons you may face removal from the United States include: 

• Visa Conditions: When a person receives a visa, he or she is required to follow the rules of the specific visa they were given. For example, if that visa expires, he or she may face removal proceedings. If an individual’s status in the country changes, it is necessary to update his visa to reflect this change. For example, if a student is no longer receiving an education or if an individual loses his job, he must adjust his visa status. Those who do not follow the conditions of their visas may face deportation.
• Crimes of Moral Turpitude: These are crimes committed that show an individual’s bad character. Some common examples include fraud, larceny, theft, or any crime with the intention to harm another person (e.g., robberies, abuse, driving under the influence).
• Aggravated Felonies: These are crimes such as murder, rape, drug or firearms trafficking, sexual abuse of a minor, money laundering, fraud or tax evasion involving more than $10,000, espionage, sabotage, treason, and many more.

What to know about a Waiver Against Deportation:

One way that a person facing deportation can defend themselves against deportation is with 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 the appropriate waiver. There are two types of waivers that may help you: 

• 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.

If you are facing deportation, our firm will advocate for you. Reach out today to discuss your options with a skilled and passionate immigration law attorney.

Contact Our New York City Immigration Lawyers

For an initial consultation with a skilled New York immigration lawyer, contact the Law Office of Cheryl R. David.