Coming to the United States is a dream for many, as it represents boundless opportunities for a better life. However, if your time in the country is cut short because you are facing deportation, you may be unsure what to do. If you or a loved one are facing removal from the country, it’s imperative to connect with a New York City deportation defense lawyer as soon as possible. Keep reading to familiarize yourself with what happens during deportation and why connecting with a lawyer is in your best interest.
What Is Deportation?
Deportation occurs when the government removes a non-citizen from the country for violating the immigration laws in place. This can occur in any of the following circumstances:
- Violating the terms of their immigration (overstaying a visa, failing to remove the conditions from their green card, etc.)
- Committing marriage fraud
- Committing a crime of moral turpitude or a felony offense
- Suffering from drug abuse issues after entry into the United States
- Participating in federal, state, or local elections
- Engaging in terroristic activities
- Providing false information to immigration authorities
- Entering the United States with forged travel documents
What Does This Process Include?
When you are served a Notice to Appear (NTA) by the United States Immigration and Customs Enforcement (ICE) you are officially under the removal process. The first step is to attend the master calendar hearing, where you will be offered the opportunity to retain a lawyer and respond to the charges against you. If you want to challenge the charges, there will be a second hearing, known as an individual hearing. At this meeting, ICE will provide evidence about what you should be removed, and your attorney will work to dispute this information and defend why you should remain in the country.
While most deportation offenses go through a process to ensure fairness on both sides, some offenses warrant an expedited removal, which means they relinquish the right to a hearing.
Can a Lawyer Help Me if I’m At Risk?
When you are facing deportation, ensuring you have an experienced attorney is critical to fighting for the best chance of remaining in the country. An attorney can help craft a defense based on your unique circumstances.
For example, you may find that they can fight for prosecutorial discretion. Essentially, this puts your case on indefinite hold, as ICE does not have the resources to prosecute and deport every non-citizen who violates the laws. However, this is only applicable to those who are not public safety threats.
You may also be able to have the removal canceled depending on your specific circumstances and whether or not you meet the necessary requirements. For example, if you have never been convicted of a serious crime, are of good moral character, or your removal would place undue hardship on a United States citizen, you may be able to have your removal halted.
Because this process can drastically impact the rest of your life, you should not try to do this on your own. Instead, it’s in your best interest to connect with an experienced attorney as soon as possible to help guide you through these complete matters. At the Law Office of Jason A. Dennis, we know that facing deportation can be anxiety-inducing. As such, our team is committed to fighting for you during these challenging times. Connect with us today to learn how we can fight for you.
