Representing immigrants in New York and New Jersey
Only U.S. citizens have an unrestricted right to live and work in this country. U.S. Citizenship is granted by:
- Birth in the United Stated;
- Birth in a foreign country by 1 or both U.S. citizen parents;
- Naturalization of a Green Card holder.
Lawful permanent residents (Green Card holders) can live and work in the United States indefinitely, but can be deported if they are convicted of 1 or more serious crimes. Deportation is usually referred to as “removal” and occurs when the Federal Government removes an immigrant from the United States for violations of immigration or criminal laws. Once deported, an immigrant may lose the right to return to the United States, even as a visitor.
What is Removal Proceedings?
Removal proceedings take place in Immigration Court. More than 200 Immigration Judges distributed in 53 Immigration Courts nationwide conduct proceedings and decide individual cases.
The Immigration and Nationality Act (INA) provides several forms of relief from deportation, which can be requested during an individual hearing in immigration court, such as:
- Adjustment of Status, providing supplemental information to the United States Citizenship and Immigration Services (USCIS), if you are seeking to adjust your status from a non-immigrant to a lawful permanent resident: under the provisions of section § 245 or 245 (i) of the Immigration and Nationality Act (INA), often petitioned for by a spouse, another family member, or an employer, under the provisions of section § 249 if you entered the United States if you entered the U.S. before January 1, 1972 and meet other requirements.
- The Cancellation of Removal (212(c) or 212(h) Waiver) is available to qualifying lawful permanent residents who have continuously resided in the United States for at least 7 years and qualifying non-permanent residents continuously present for at least 10 years. You can also show that your being removed would cause “exceptional and extremely unusual hardship” to your spouse, parent, or child who is a U.S. citizen or permanent resident.
- Suspension of deportation under the Nicaraguan Adjustment and Central American Relief Act (NACARA), available only if you meet very specific requirements, including being from one of a list of particular countries.
- Cancellation of deportation according to the Violence Against Women Act (VAWA), for battered non citizen spouse or child of an abusive U.S. citizen or permanent resident.
- Protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), if it is likely that your home country’s government will torture you if you have to return there.
- Asylum, for the victims of persecution in their country of origin, under section section 208(a), when the alien qualifies as a “refugee”. The petitioner has to demonstrate the inability to return to his/her home country.
- Similarly, the Withholding of Removal or “non-refoulment”, under the United Nations Convention Relating to the Status of Refugees, is a form of relief of removal to a country where the alien would suffer persecution based on race, religion, nationality, or political opinion. It provides fewer benefits than asylum, because recipients are usually ineligible to apply for permanent residence or travel outside of the United States.
- Voluntary departure at your own personal expense and return to your home country, or another country. It’s the most common form of relief from removal and may be granted by Immigration Judges, as well as the DHS. People granted voluntary departure must depart within the time specified by the Immigration Judge. Usually people granted voluntary departure prior to the completion of removal proceedings must depart within 120 days, and those after the conclusion of removal proceedings must depart within 60 days.
- Deferred action is an agreement by the U.S. government. The Deferred Action for Childhood Arrivals (DACA) program, which provided that Department of Homeland Security (DHS) would not deport immigrants who were brought as children into the United States. On the other side the Deferred Action for Parental Accountability (DAPA) program includes certain eligible parents of U.S. citizens and lawful permanent residents.
- Motions to Reopen or Reconsider by filing a timely motion with an Immigration Judge or the Board of Immigration Appeals (BIA). If you choose a motion to reopen you must file it within 90 days of the final removal order and you have to introduce new and additional evidence. If you choose a motion to reconsider you look for a reexamination of the decision and you must file it within 30 days of the date of the final order.
- Motions to Terminate, if the charges on the government’s NTA are not correct, you may get deportation proceedings terminated by an Immigration Judge.
- Motions for Administrative Closure based on I-601A. An application for Waiver of Grounds of Inadmissibility is a request for legal entry to the United States or for Adjustment of Status to Lawful Permanent Resident, made by an applicant that is not admissible to the United States for one or more of these grounds. Form I-601 may be filed and submitted to the Consular Officer, the USCIS the immigration court. Some individuals who are married to U.S. citizens or have U.S. citizen parents may be eligible to ask the Immigration Judge to close proceedings while they file an I-601A waiver.
- Cancellation of Removal for Legal Permanent Residents.
Temporary Visa holders can be deported or refused entry in the United States for a number of reasons that include, but are not limited to:
- Violations of the conditions of their Visa
- Engaging in authorized employment
- Lying to an immigration officer
- Remaining in the United States after the expiration of the period of authorized stay (visa overstay)
- Committing marriage or document fraud
- Being convicted of a criminal conviction
Notice of Hearing of Removal Proceedings
Removal (deportation) proceedings starts by the notification of Form I-862, Notice to Appear (NTA) by the Department of Homeland Security on an immigrant. The NTA is filed with the immigration court having jurisdiction to the immigrant’s place of residence. If the immigrant no longer resides within the jurisdiction of the original court, a Motion for a change of venue can be filed.
The NTA will contain the reason of removability from the United States. The NTA must be properly served on the immigrant. If a respondent was not given proper notice of the court hearing, a deportation order entered in absentia can be rescinded by filing a Motion to Reopen .
As a criminal and immigration lawyer licensed in New York and New Jersey, I represented many immigrants placed in removal proceedings and helped them fight their case. I provide skilled and aggressive representation in deportation defense matters. There are several forms of relief from deportation, such as Adjustment of Status, Waivers of Inadmissibility, Asylum, Cancellation of Removal. If your are represented by a deportation defense lawyer, you will have much higher chances of winning your deportation case and remain in the United States.
I also have experience filing appeals to the Board of Immigration Appeals and Federal District Courts.