Deportation Defense
Deportation is the common term used for the formal removal of an alien from the United States due to a violation of the immigration laws of the USA.
We can help protect your rights during removal proceedings
While not a criminal process, deportation can be just as frightening as if you were facing serious criminal charges. Your entire future in the United States of America is at stake. If the situation is not handled properly, deportation may force you to leave the United States and make it very difficult to return legally in the future. Consequently, deportation requires immigration authorities to provide strict proof that you meet the requirements for removal. An experienced New York deportation defense lawyer can hold immigration authorities accountable for any weaknesses in the case against you and determine if you qualify for any exceptions that could keep you in the United States of America.
Removal proceedings are a serious matter and should be taken as such. Removal proceedings of an alien starts with receiving a document called a notice to appear. If you or someone that you know have received such a notice or are involved in a removal proceeding, it is important to immediately contact the Law offices of CHRISTINE THEA RUBINSTEIN and Associates to protect your interests. They offers caring and aggressive deportation defense for their clients.
Long Island Deportation Defense Lawyer Christine Thea Rubinstein & New York Defense Deportation Defense Lawyers at Christine Thea Rubinstein primarily practices in the Immigration Courts in New York. However, federal regulations permit an attorney admitted in any state to appear before any Immigration Court. Our team of attorneys has litigated deportation cases throughout the country.
Deportation can often be prevented
Regardless of your situation, you may have options available that you are not aware of. We will work on your deportation defense and leave no stone unturned in helping you to remain in the United States of America.
There are two major misconceptions that people facing deportation or removal proceedings have. They tend to think either that:
- “the judge will help me if I tell a sympathetic story,” or
- “there’s no hope for me to stay in the U.S. anyway, so why hire an attorney to help?”
Both these ideas are, while understandable, unwise.
Why You Shouldn’t Count on the Immigration Judge For Help
Immigration court proceedings are less formal than normal court proceedings. No jury will be present, less scripted legal language needs to be used, and everyone generally understands that the immigrant may not be familiar with American legal procedures. The immigration judge is expected to act in an impartial manner. Meaning that he or she is not supposed to automatically side with the attorney who will be there for the Department of Homeland Security, but to consider both the Department of Homeland Security arguments and the immigrant’s before coming to a decision.
That is where the good news ends, however. The Judge is not going to think up any legal arguments for you, nor help you present your case in a manor favorable to the court. The judge may not even know about circumstances in your case that might warrant a favorable decision or an exercise of discretion. Considering how overburdened the court system already is a busy court docket, probably doesn’t have the time to interview you and find out.
In short, if you show up in court with a charge of being removable — perhaps because you are in the United States without authorization, or got convicted of a crime after obtaining your green card — and you can’t come up with any reason why you shouldn’t be deported other than, “I work hard and have a family here,” the judge will have no choice but to deport you. (This doesn’t happen at the first, master calendar hearing, however. At that time, the judge will no doubt strongly urge you to get an attorney to help you figure out whether you have any defense against deportation. For an explanation of what happens at the various hearings,
How a Lawyer Might Help You Present a Defense
An attorney will, before the hearing, spend the time to discover whether the Department of Homeland Security charge against you is correct, and whether any particular circumstances in your life would warrant defending your deportation.
Because of the many complexities in the immigration laws, these possibilities may not be apparent to you, even after reading up on immigration law matters on the internet.
The attorney may, for example:
- argue that the charge against you is false (for example, that the crime you committed does not match any of the grounds of removability found in the immigration laws)
- help you present an application for cancellation of removal, which makes a green card available to aliens of good moral character who have spent a number of years in the United States and have close ties here, or
- ask the judge to grant you a green card because you are either the immediate relative of a U.S. citizen or a “preference relative” with a current priority date and available visa number,
- argue that you qualify for asylum, because you have experienced or reasonably fear you would face persecution if returned to your home country
- or show that you are actually a U.S. citizen, thanks to a U.S. citizen parent or grandparent
- ask for an exercise of prosecutorial discretion, arguing that because of your good character and family and other ties, the Department of Homeland Security should — even if you have no actual right to a green card — close your case and refocus on people who present some real threat to U.S. society.
Even if you believe that you might qualify for one of these defenses or applications, an attorney can help you make the strongest argument possible. The attorney will fill out any required forms, help prepare exhibits (documents backing up your statements), draft legal briefs arguing the case, and prepare you and any witnesses for the court hearing.
Even if the judge denies the case, having a solid amount of information on the record will make your chances of a positive decision on appeal much stronger. After all, this is your one and only chance to fully present your testimony and legal arguments. Appeals do not give you a chance at a whole new review of your case — they just focus on whether they immigration judge made the right decision given the information presented to him or her.
Unfortunately, immigrants are not eligible for free legal representation from the U.S. government. There are often ways to talk to an attorney at the first deportation hearing, but the immigrant must hire an attorney to represent them in subsequent hearings in order to have a fair chance of staying in the United States of America.
Deportation * Immigration & Marriage * Green Card * Green Card through Marriage * Citizenship
Application for Visa * Application for Retention Pardon * Working Visa * Stay of Removal of Deportation
Parent or Spouse Visa * Application for Naturalization * Green Card * Governors Pardon * Kid Visa
Our immigration attorneys at CHRISTINE THEA RUBINSTEIN and Associates are experienced in discerning potential outcomes should your deportation matter be heard and decided by a judge, and we will assist you in resolving contentious issues through negotiation when possible to avoid the cost of litigation. Where negotiation is not possible, our immigration attorneys are adept litigators and will advocate your position vigorously before the court to reach your objectives. We represent clients in resolving all types of immigration deportation matters in Nassau County, Suffolk County, Queens County, Bronx County, Westchester County, Richmond County, Manhattan and Brooklyn Kings County New York.
Nuestros abogados lo ayudarán con testamentos, sucesiones, fideicomisos, defensa penal, bancarrota, defensa de ejecución hipotecaria
Call today 1-800-488-6734.
Immigration in New York does not have to be a complicated process, but it does mean that you and your spouse or partner will need to make some decisions about the way your life may change if you do nothing at all. One of the best ways to get advice about these decisions and to understand exactly what options are available to you, for your situation, is to discuss your situation with a qualified deportation immigration attorney. You need an attorney that is strong in protecting your legal rights with your deportation and an attorney that understands immigration law is key in the decision making process. Our attorneys at CHRISTINE THEA RUBINSTEIN and Associates, are not only trained in handling simple immigration issues and deportation matters, we take care of complex deportation litigation in Nassau County, Suffolk County, Queens County, Bronx County, Westchester County, Richmond County, Manhattan and Brooklyn Kings County New York. Prior to meeting with an attorney, it might make you feel more comfortable to do a little research online so that you have a basic background in the options that you have under New York law. Your lawyer will help you understand what your legal options are in regards to how the New York law applies to your specific case and situation.
Call today 1-800-488-6734.
CONTACT A NEW YORK DEPORTATION IMMIGRATION ATTORNEY TODAY. Call the Immigration Law Attorneys and, Deportation Law Attorneys at the law offices of CHRISTINE THEA RUBINSTEIN and Associates today for a free Deportation case review!
Having the right quality lawyer on your side can make a world of difference in a deportation case in New York. Although it requires you to make a lot of decisions that will have a huge effect on the rest of your life as it changes, finding a lawyer who will work with you, understand your wants and needs, and help you understand how the law can work in your favor can lead to positive results with your immigration case.
If you are ready to discuss your immigration with an attorney in New York, contact the attorneys at the Law Offices of CHRISTINE THEA RUBINSTEIN and Associates today. We offer free initial immigration law and deportation law consultations, and we are here to help you through these hard times.
When a person may be removed
One of the most common reasons a person can be deported is for entering the country without inspection in the first place. This can include entering without inspection, such as by stowing away on a ship or surreptitiously crossing a border. It can also include entering the U.S. using fake documents. Even if you did enter the United States legally with a valid visa, you may become deportable if you violate the terms of that visa. Last, a person otherwise in the country legally can become deportable if convicted of certain crimes.
Resisting deportation
Deportation proceedings can be lengthy, but the government has the burden of showing that you are indeed deportable. Nevertheless, basing your defense solely on the government’s inability to meet this burden is rarely a sound strategy. An experienced deportation attorney can also investigate the availability of affirmative defenses, such as exceptional hardship to a family member or may attempt to convince the Justice Department to exercise its discretion to withhold deportation. This discretion may also be exercised if other mitigating factors exist.
People facing deportation proceedings can also potentially qualify for an adjustment of status if they would otherwise qualify for legal permanent residency:
- As an asylee or refugee
- As a spouse or family member of a citizen
- As an employee or investor
- Through human rights programs
- As a person of extraordinary ability
Additionally, the new deferred action program may be an option for those who entered the United States as children. Not all such programs are well known, and many have numerous complex and nuanced requirements. It takes an experienced immigration attorney to fully advise those facing deportation of the many strategies available.
We are dedicated to your success — so contact us. Speak with one of our knowledgeable Long Island Immigration lawyers, deportation law attorneys today from wherever you live in New York in Nassau County, Suffolk County, and Brooklyn, Kings County and Queens County, on Long Island and all New York City boroughs including Bronx, Westchester, Richmond County, and Manhattan New York.
Call 1-800-488-6734 today.
Get Help With Your Deportation case Now
Be prepared with the proper attorney and the right deportation law and immigration law, law firm behind you.
You should know you have certain legal rights and must be very selective of the immigration Lawyer or deportation Law Firm that you chose to represent you.
Have an Attorney council you on the Right Decision for You.