I am a Deportation Defense Lawyer Protecting Your ‘American Dream’
A deportation order can threaten your family and your livelihood.
There are many ways that you may face deportation. Criminal charges, accusations of marriage fraud and other legal controversies can all trigger deportation proceedings. If you entered into the United States illegally from the border or overstayed your visa permanency, you may face removal proceedings. I have personally helped hundreds of satisfied immigrants in the same situation from the worst case scenario to until they received their green card or granted lawful status.
I can defend you against unfair charges and help you avoid the deportation process. I have handled countless motions to reopen orders in absentia, requests for asylum, cancelations of deportation, reductions of immigration bonds, motions to reconsider U.S. Citizenship and Immigration Services (USCIS) decisions and appeals of judicial immigration orders. If you are afraid you may be forced to leave the country, I can protect you against forcible removal.
The removal process calls for an experienced lawyer: do not hire an amateur!
If the Department of Homeland Security has evidence that you have broken the law, it initiates deportation proceedings by sending you a Notice to Appear. A Notice to Appear is a judicial order that requires you to appear before an immigration judge for a hearing. The judge must explain the charges against you and confirm that you understand them.
You are permitted to have an attorney with you, and it is recommended that you do so. An attorney can explain the meaning of the charges and file an application for relief from removal. An attorney can then request the court halt the deportation on several grounds:
- Asylum — People fearing persecution or harm in their native country can request asylum in the United States.
- Cancellation of deportation or removal — A judge can decide to cancel a removal order if you have been a permanent resident for a sufficient period of time, have not been convicted of a crime and your deportation would constitute extreme hardship on your family or subject you to extreme cruelty by a family member.
- A motion for adjustment of status — An immigration judge can order an adjustment of your immigration status from temporary to permanent if you can meet all the qualifications for a green card.
- Waiver — A Provisional Unlawful Presence Waiver allows you to remain in the United States if you have a family member in the country, are physically present in the United States, and are otherwise admissible.
- A motion to reopen proceedings — If errors in the law or mistaken facts caused a judge to issue a deportation order, an attorney can request a new hearing to present their case with new evidence.
- Deferred action for children — A lawyer can convince a prosecutor to defer removal if you entered the country as a child. This postpones removal for two years and allows you to work while applying for appropriate status.
There are many complex solutions to deportation. Speak with our attorney to learn more about whether you are qualified for them.
What is the 10-year ban?
The 10-year immigration ban is a harsh law that may affect you if you have ever been in the United States for more than one year without authorization. Under this law, people who were in the country for more than a year and who left and later applied for lawful entry are banned from legally entering the United States for up to 10 years. This can be complicated for some applicants who must leave the country in order to apply at a U.S. consulate. Waivers are available but only in certain cases. Our immigration attorney can explain more about what the 10-year ban means for you.
Deportable criminal offenses.
Deportation is usually initiated after the Department of Homeland Security (DHS) has evidence that you have somehow broken the law. Often times, it can be something as innocent as staying longer than your visa allowed. However, not all arrests result in deportation or removal. Criminal grounds for deportation include:
- Aggravated felonies — A conviction for major crimes such as murder, rape or drug trafficking can result in a deportation order. Offenses punishable by a year or more in prison can also result in forcible removal.
- Crimes of moral turpitude — A crime of moral turpitude can refer to any number of criminal acts. If you are convicted of two or more such crimes within a particular time period, you may be deported.
- Falsification of documents — If you used fake documents or falsified information on your visa application, you are eligible for deportation.
- Illegal voting — Non-citizens are not eligible to vote in elections. If you voted in an election without authorization, you may be deported.
- A violation of status — If the terms of your visa restrict an issue such as your work eligibility, a violation of those terms could result in deportation.
- Marriage fraud — Getting married with the sole purpose of avoiding immigration laws can also lead to deportation.
If you have been charged with a crime, speak to an immigration lawyer before entering a plea. Your sentence could greatly affect your immigration status. Our firm provides counsel in criminal and immigration matters. Speak with our attorney today about your case.
Contact me or my firm for a consultation on deportation defense.
Having an attorney to represent you during deportation proceedings gives you the best possible chance to avoid removal. I will work with you to fight removal and ensure you stay in the country. I speak fluent Spanish and Portuguese. Members of our firm speak Brazilian Portuguese, Spanish, Russian and Latvian. Contact us at (973) 732-7300 or online for a consultation. My consultation is $100 for up to one (1) hour. Call me. You will be glad you did.