Removal Defense

Slatus & Slatus is the most experienced deportation and removal defense lawyer in Midtown Manhattan and NYC.

The Immigration and Nationality Act provides for the removal of certain individuals from the United States. There are numerous grounds for which an individual can be charged with removability and placed in removal proceedings. These charges range from simply overstaying the time one was authorized to remain in the United States, all the way to illicit trafficking in a controlled substance.

An individual is put on notice that he or she is in Removal Proceedings upon being served a Notice to Appear, or NTA. The NTA details the reasons why the government believes one is removable, and the place and time one is scheduled to appear before an Immigration Judge. (IJ) At the Removal Hearing, one can inform the IJ if he or she is entitled to any form of relief, on the basis of which the Removal Proceedings can be terminated. If the IJ believes there is available relief, then the individual must provide evidence to that effect. If no relief is available, the IJ either orders Removal or grants Voluntary Departure.

As a simple example, let’s assume that one enters the United States on a tourist visa, and he remains beyond the expiration date. One year later, while still present in the country illegally, he meets, falls in love with, and subsequently marries a United States Citizen. If he is placed into removal proceedings, he can request that the IJ terminate them, since he is eligible to become a Lawful Permanent Resident if sponsored by his United States Citizen wife.

Finding an Immigration lawyer to prevent deportation:

Whenever one is placed into Removal Proceedings, it is imperative that a qualified immigration lawyer be retained. The experienced immigration lawyer will be able to determine whether any form of relief is available, and the means of being granted that form of relief and termination of removal proceedings.

Removal Defense FAQ:

How long does deportation take in New York?

Deportation proceedings can take different lengths of time depending on many factors, but usually, in New York, it takes about 1 year.

How long does deportation stay on your record?

The US government usually will ban deportees for 10 years after they have left the country. It can be as little as 5 years and as much as 20 depending on the situation leading up to the deportation.

What happens after a deportation order?

After the immigration judge has issued a deportation order, you will await processing and travel documents back to your home country. Then you will be notified when this is complete and the removal will take place.

How can an immigration lawyer stop deportation? 

Some ways your immigration lawyer might be able to stop deportation include:

  • You have lived at least 10 years in the USA with “good moral character”
  • If you US citizen spouse or children would experience extreme hardship
  • Are eligible for adjustment of status
  • Are eligible for asylum

How do I get a deportation pardon?

Form I-212 Request reentry following removal, along with the proper documentation and fee, a petition can be made to shorten the ban on reentry.

Can I be deported if I am married to a US citizen?

Yes, the government can still deport you even if you are married to a US citizen.

What is a Notice to Appear (Form I-862)?

Form I-862 or a Notice to Appear is a charging document issued to begin deportation proceedings.