DEPORTATION / REMOVAL DEFENSE & WAIVERS

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Have you or a loved been detained? Have you or a loved one been issued an NTA (Notice to Appear)? Call us at (646) 657-8144 or send us a message on our Contact Us page IMMEDIATELY!

We will aggressively use all legal means available to fight for your right to stay in the United States. At YAZICI LAW, we are internationally recognized and known throughout the United States for our zealous representation in difficult cases. We have the experience to defend you with your unique situation and help you avoid deportation/removal.

Fighting Deportation Proceedings

Deportation (the technical term for which is “removal”) has an immediate and devastating impact on immigrants and their families. Families can crumble under the threat of deportation. A mother can be left alone to provide for the family when the father is deported. If you are detained, as a bread winner, you will not be able to support your family. If you are deported, you will be taken away from your loved ones entirely.

Even if you are a lawful permanent resident (green card holder) committing certain acts or crimes can place you in deportation proceedings. Section 237 of the Immigration and Naturalization Act sets forth the grounds of deportability. These rules apply to anyone who is legally living in the United States whether on a non-immigrant, temporary visa or a lawful permanent resident status (green card). U.S. immigration laws also state that people who are in the United States without legal permission be deported.

USCIS may place a non-citizen in removal proceedings for a variety of reasons, including;

  • Non-citizen who entered the U.S. without going through the inspection process at the border, whether by crossing the border illegally or by use of fraudulent documents;
  • Non-citizens who attempt to enter the United States and Homeland Security officers believe that they should not be entitled to enter, whether they do not have a visa, or they have a fraudulent visa or travel documents, or other reasons;
  • Temporarily non-immigrant visa holders who has entered the United States legally, but overstayed their visas;
  • Applicants who have applied for immigration benefits such as lawful permanent residency (green card), political asylum, or naturalization (to become a U.S. Citizen), and have been denied;
  • Green Card holders who have committed certain acts or crimes, or have violated the U.S. Immigration Laws. (Certain misdemeanors under certain state law may render the perpetrator deportable, even if the person have lived in the United States for many years as a lawful permanent resident);
  • Green Card holders who have remained outside of the U.S. for an extended period of time and who have re-entered into the U.S.;
  • People who have become a public charge within the first 5 years of their residency in the U.S. (i.e. being on welfare)

Once an immigrant has become a U.S. citizen, that person cannot be removed unless the person used fraud to gain citizenship or an earlier immigration benefit (i.e. green card).

In most cases, illegal immigrants and legal residents alike will have a chance to defend their cases in immigration court. Even, in certain cases, the law may provide a waiver (a legal forgiveness) for which you can apply. Hiring the services of a skilled, experienced and knowledgeable immigration attorney can make all the difference in your case.

Forms of Relief from Removal

  • Adjustment of Status (AOS)
  • Cancellation of Removal
  • Asylum / Withholding of Removal / The United Nations Conventions Against Torture (CAT)
  • Cancellation under the Violence Against Woman Act (WAWA)
  • U Visas
  • Deferred Action for Childhood Arrivals (DACA)
  • Waivers of Removability or Inadmissibility
  • Motions to Suppress
  • Motions Terminate
  • Prosecutorial Discretion
  • Voluntary Departure

Appeal

Final orders of removal (deportation) made by an Immigration Judge may be appealed to the Board of Immigration Appeals (B.I.A.) and to the appropriate U.S. Circuit Court of Appeals where constitutional violations may be raised and stays deportation pending appeal may be obtained.

Time is essence when filing an immigration appeal! To appeal the final decision of an Immigration Judge with the BIA you must file a Notice to Appeal with the BIA within 30 days of the Immigration Judge’s decision. If you do not file on time, the appeal will be dismissed, and the Immigration Judge’s decision will be final.

If the removal order upheld by BIA, under certain circumstances it may be still possible to appeal your immigration case in the U.S. Court of Appeals by filing a Petition for Review.

Motions to Reopen and Reconsider

In certain circumstances, you may file a Motion to Reopen or Motion to Reconsider with an Immigration Judge or the BIA to review your case again. There are some exceptions, but as a general rule, the Motion to Reopen must be filed within 90 days of the final removal order. Essentially, a Motion to Reopen requests the BIA or the Immigration Court to open a deportation/removal order to conduct a new trial and consider new evidence or facts that was not presented at the prior hearing. A Motion to Reopen may be granted if you are able to show one of the following:

  • Lack of notice
  • Exceptional circumstances
  • New facts or evidence
  • Changed country conditions

Unlike a Motion to Reopen, the Motion to Reconsider on the other hand must be filed within 30 days of the final removal order. In essence, Motion to Reconsider requests the Immigration Court or the BIA, to correct an error of law and facts developed in the prior proceeding.

Deportation and Removal Defense

When you or someone you care about is in danger of deportation in New York, New Jersey, Pennsylvania, Delaware, Maryland, or Washington D.C. we are the law firm you need. Call us at (646) 657-8144 or send us a message on our Contact Us page.