What Are Some Tips for Avoiding Deportation?

Many individuals from all around the world come to the United States for any number of reasons, whether it’s to seek a better life for themselves and their families or to escape violence in their home country. However, these dreams may come crashing down when an immigrant is deported. Understanding what this process is, how it works, and whether or not you can avoid being deported is critical if you are a non-citizen. For sound legal advice and experienced representation, contact a deportation and removal defense attorney in NYC.

What Is Deportation and How Does the Process Work?

Deportation, legally referred to as removal, is the process by which the U.S. government orders a non-citizen to leave the country for violating immigration laws or committing certain criminal offenses.

Important Legal Definitions

• Removal: Most commonly referred to as deportation, the removal process occurs when a noncitizen is ordered to leave the United States
• Notice to Appear (NTA): This is the formal document that begins the removal process
• Expedited Removal: Summary removal by the Department of Homeland Security (DHS) without a hearing
• Voluntary Departure: A judge-granted option that allows an individual facing removal to leave on their own to avoid a formal order

What Are the Primary Relief Options to Avoid Deportation in NYC?

There are generally two categories of relief when it comes to deportation. They both provide a legal way for the immigrant to defend themselves and avoid deportation. However, these paths depend on your immigration history, family ties, humanitarian needs, waiver eligibility, and your eligibility for relief.

Discretionary relief can be requested during a deportation hearing and may be granted if you can prove that you are in the country legally and meet the requirements to remain in the United States. This sort of protection is granted on a discretionary basis and can include the following remedies:

Cancellation of Removal

To qualify for cancellation of removal, an individual must meet specific criteria related to time spent in the country, family hardship, and criminal history.

• For non-lawful permanent residents, eligibility generally requires continuous physical presence in the United States for 10 years and proof that removal from the country would result in undue hardship for qualifying U.S. family members
• For lawful permanent residents, the criteria for eligibility include a qualifying period of residence, continual physical presence, and no disqualifying criminal convictions
• If your cancellation of removal is successful, it can result in permanent residency and the termination of your removal proceedings

Asylum and Withholding of Removal

In order to be eligible for asylum and withholding of removal, an applicant must meet strict standards related to fear of persecution.

• Certain immigrants may qualify for asylum, such as those with refugee status if they can prove that returning to their home country could result in persecution
• Asylum requires showing a reasonable fear of harm based on protected grounds, like race or religion
• Withholding of removal prevents deportation if the individual’s life or rights are at risk, but it does not offer a path to permanent lawful residence

Adjustment of status

To adjust status while in removal proceedings, the applicant must have a qualifying petition and meet the admissibility requirements in accordance with immigration law.

• An adjustment of status allows certain non-citizens to apply for a green card without leaving the United States while in removal proceedings
• Eligibility generally requires a petition filed on behalf of the non-citizen by an eligible family member or employer, as well as the availability of a visa number
• Adjustment of status proceedings may result in terminal removal orders if approved

Waivers and Other Relief

Certian immigration waivers are only available if the applicant can show a qualifying family relationship, hardship, or other eligibility factors.

• Removability waivers may overcome certain grounds of deportability if certain eligibility criteria are met
• Waivers allow the courts to overlook certain violations or entry despite offenses under special circumstances
• Other humanitarian options include a U visa for victims of crimes, and T visas for trafficking survivors, both of which can impact removal proceedings

Judicial and administrative relief can also be granted if a foreign national or the DHS (Department of Homeland Security) disagrees with a judge’s decision. They can appeal to overturn the deportation ruling.

Why Hiring an Immigration Attorney Matters

Removal proceedings are incredibly complex legal matters, and when facing this process without an attorney to represent you, it can significantly impact the potential for a favorable outcome. For individuals in the New York City area, these cases are generally handled in the federal immigration courts serving the NYC metropolitan area. As such, having legal representation during this process can increase your chances of a positive outcome, as they can assist with determining the best course of action based on your circumstances, meeting deadlines, and developing strategies to defend your case.

Benefits of Working with an Attorney

• They can file appeals and motions on your behalf to object to decisions and push for further review
• They can help ensure you file documents on time to prevent delays or dismissals
• They can defend against procedural errors and government mistakes
• They can help advocate for you in court by presenting evidence and legal arguments

Practical Steps to Reduce Deportation Risk

If you are worried about facing deportation in New York City, it’s important to understand that you can take steps to reduce the risk. Generally, the most important thing you can do is avoid immigration violations and ensure you are in lawful status, as violations of status are the most common reason that removal proceedings are ordered.

Preventative Steps You Can Take

• Stay in status by ensuring you renew your visa on time
• Avoid legal trouble and criminal charges
• Retain all documents of lawful entry and eligibility

Failing to maintain lawful immigration status can lead not only to your removal but also to immigration detention. In addition, you may be barred from re-entering the United States in the future. As the consequences of removal can be incredibly harsh, taking preventative steps early is imperative.

Contact Our New York City Immigration Lawyers Today

If you are facing deportation, it’s important to understand that you have options to remain in the country. At the Law Offices of Cheryl R. David, our firm understands how complicated these matters can be. That is why we are committed to exploring all possible options to help you fight for the best possible outcome. Contact a skilled NYC deportation lawyer to find out your options and how you can fight to stay in the United States.