NYC DEPORTATION AND REMOVAL DEFENSE ATTORNEYS WITH 50 YEARS OF EXPERIENCE
With 50+ years of immigration experience, our deportation and removal defense attorneys at Spar & Bernstein have helped over 100,000 people obtain immigration benefits in the United States, and we can help you too.
Contact an experienced deportation and removal Lawyer
WHY HIRE SPAR & BERNSTEIN FOR DEPORTATION AND REMOVAL DEFENSE?
Our dedicated team at Spar & Bernstein has helped tens of thousands of people across the US fight deportation and removal proceedings. Our attorneys will be by your side each step of the way, to help you file the necessary documents, represent you in court and do everything in their power to ensure you remain in the US.
Looking for a deportation lawyer?
REASONS FOR DEPORTATION
Common reasons for deportation include, but are not limited to:
- Overstayed visa
- False claims of citizenship
- Violations of immigration law, such as marriage fraud
- Aggravated felony conviction
- Firearm offenses
- Domestic violence
- Crimes involving moral turpitude
- Other immigration law violations
Contact the experienced immigration lawyers at Spar & Bernstein to review the details of your deportation and determine what can be done to help you remain in the US.
CANCELLATION OF REMOVAL
Cancellation of removal allows you to adjust your status from “deportable” to “lawfully admitted for permanent residence” during deportation proceedings.
The three main types of cancellation of removal include:
Cancellation Of Removal For Permanent Residents (Form EOIR-42A)
Cancellation of Removal for Permanent Residents applies to Green Card holders under certain conditions: 5+ years of lawful permanent residence status, having continuously resided in the USA for 7 years in any status, no aggravated felony, and no past removal reliefs.
Cancellation Of Removal For Non-Permanent Residents (Form EOIR-42B)
Cancellation Of Removal For Non-Permanent Residents applies to non-permanent residents under the following conditions: 10+ years of physical presence in the US, no disqualifying criminal convictions, proof of good moral character and evidence that an immediate relative will suffer exceptional hardship if the non-permanent resident leaves the country.
VAWA Cancellation Of Removal (Form EOIR-42)
VAWA Cancellation of Removal (also known as special rule cancellation of removal) applies to children and spouses who do not have lawful permanent residence and who have suffered violence by a parent or spouse who is a US citizen or unlawful resident.
Not sure if cancellation of removal applies to you?
Removal proceedings, or deportation, typically includes the following steps:
- The Department of Homeland Security (DHS) sends you a Notice to Appear (NTA).
- The immigration court holds an Initial Hearing (also known as a Master Hearing) where DHS officials explain why you should be deported.
- The court holds an Individual Hearing (known also as a Merit Hearing) where you can present proof for relief from removal and adjustment of status.
- The immigration judge makes a decision on your deportation.
- Both you and the DHS have the right to appeal the judge’s decision before the Board of Immigration Appeals (BIA).
- If you lose your appeal before BIA, you can appeal before the Federal Circuit Court of Appeals
- If you lose your appeal before the Federal Circuit Court, you can appeal to the US Supreme Court.
DEPORTATION & REMOVAL DEFENSE FAQS
Is There Difference Between Deportation And Removal?
What Should I Do If I Am Facing Deportation?
Can I Stop A Removal Proceeding?
What Are The Most Common Reasons For Deportation?
- Aggravated felonies including murder, drug crimes, theft crimes and more
- Firearms offense
- Drug offense
- Human trafficking
- Crimes of moral turpitude
- Multiple criminal convictions
- Prostitution or patronizing a prostitute
- False claim of US citizenship
- Failure to notify the USCIS of change of address, name or other important information
- Visa violation
- Working in the US without permission
- Joining banned organizations in the US
What Is a Crime of Moral Turpitude?
What Are The Most Common Deportation Defense Methods?
- Adjustment of Status, including marriage to US citizens and VAWA applicants
- Threat to the individual’s safety if they return to their country, including political asylum, withholding or removal, and convention against torture
- Green card eligibility depending on time spent in the United States, including cancellation of removal and 212 H Waiver
- 212C Waiver for crimes committed prior to February 1997
- Refugee status
What Is Expedited Removal?
What Is Voluntary Departure?
- Have prior removal orders
- Have been convicted of an aggravated felony
What Is A Notice To Appear?
- Personally, served by an immigration officer
- By mail at your last-known address
How Long Does It Take To Be Deported?
- The location of your detention
- Previous removal orders
- Length of time spent in the US