Deportation Defense Attorney in New York

If you or someone you love is at risk of being removed from the United States, turn to Sebastian Simon Law Group for an aggressive defense. While your situation may seem dire, you have options for protection. Our compassionate New York deportation defense lawyer can help you explore these options and pursue the right one for your situation. Learn more about our affordable services in a consultation. 

Call (332) 330-8387 or reach out to our firm online for the counsel you deserve. Speak with an experienced deportation lawyer in New York from Sebastian Simon Law Group.

Understanding Deportation Defense Laws

New York has its unique landscape when it comes to immigration and deportation cases. The state has established itself as a sanctuary jurisdiction, which offers certain protections to immigrants. It's important to understand that local policies, while supportive, do not override federal laws, which primarily govern immigration matters. Our firm stays updated on both federal and state policies to provide comprehensive defense strategies that consider all angles of New York-specific circumstances.

Because of the high immigrant population in New York, the state is often at the forefront of significant legal precedents that can impact removal proceedings. Our attorneys are adept at leveraging these precedents to enhance the defense strategies we develop for our clients. We also engage in robust legal arguments that reflect the complex interplay between local and federal laws, providing a multidimensional approach to each client's defense.

Common Reasons for Removal Proceedings in the U.S.

U.S. authorities could order you to appear in removal proceedings if you:

• Overstay your visa 
• Commit crimes, including felonies, aggravated felonies, crimes of moral turpitude, drug offenses, domestic violence, and firearms violations
• Violate immigration law by committing fraud, failing to comply with visa conditions, or putting misleading information on immigration forms
• Fail to attend necessary proceedings with the U.S. Citizenship and Immigration Services (USCIS) or an immigration court

Understanding the common causes of removal can help individuals avoid these pitfalls and take proactive steps to comply with immigration law. Our firm offers assistance in navigating complex legal standards to preempt and address potential issues before they escalate to formal proceedings.

Types of Relief from Removal

Depending on the circumstances, many types of relief from removal could be available to you. 

Common defenses against removal that our deportation lawyer in New York can pursue include:

Asylum in New York City

Asylum may be an option if you fear persecution in your home country based on characteristics such as race, religion, nationality, affiliation with a social group, or political opinion. Should you receive asylum, you may apply for a green card. 

To qualify for asylum, you must apply within one year of entering the United States, although there are exceptions if you can prove extraordinary circumstances. The process can be complex, and having a legal advocate can greatly enhance your chances of success. Our firm offers guidance through the entire application process, ensuring that all documentation and evidence are meticulously prepared to support your claim.

Withholding of Removal

Much like asylum, withholding of removal can prevent you from returning to your home country if you face threats to your life or freedom. However, the standard of proof to secure withholding of removal is high. 

The criteria differ slightly in that you must demonstrate a greater-than-even chance of persecution. While withholding of removal does not provide a pathway to permanent residency like asylum, it ensures your safety. Our team is skilled in presenting compelling evidence and testimonies to meet this rigorous standard.

Convention Against Torture (CAT) Protection Explained

CAT provisions may offer protection if you are at risk of torture in your home country. 

Protection under the Convention Against Torture requires you to prove that you would likely face severe harm if returned to your home country. Unlike asylum, CAT protection does not require a connection to any of the five protected grounds. Our lawyers can help gather expert testimonies and country condition reports to build a strong argument in your favor.

Adjustment of Status

You could have the opportunity to adjust your immigration status to that of a lawful permanent resident (a green card holder) and avoid removal in certain situations. 

Eligible individuals may have a U.S. citizen or lawful permanent resident relative sponsor them, or adjust through employment-based options. Our firm will assist in navigating these pathways, ensuring all requirements and deadlines are met.

Cancellation of Removal for Non-Permanent Residents

This protection may be available if you:

• Have lived in the U.S. for at least ten years
• Demonstrate good moral character
• Can prove that removal would cause extreme hardship for yourself and qualifying family members

This form of relief is particularly vital for individuals who have established significant ties to their community and family in the United States. We meticulously document your history and contributions to meet the necessary legal standards.

Support During Deportation Proceedings

Facing deportation is not only a legal challenge but also an emotional and psychological ordeal. The fear of being separated from family, the uncertainty about the future, and the daunting nature of legal proceedings can weigh heavily on individuals and their families. At Sebastian Simon Law Group, we understand these challenges and provide more than just legal representation. We offer a supportive environment where clients can express their concerns and receive compassionate guidance.

Addressing emotional and psychological stress is an important aspect of our service. We connect our clients with local resources, such as counseling services and community support groups in New York, that provide critical emotional assistance. We believe that supporting our clients holistically leads to better outcomes and helps them navigate the legal process with confidence.

Resources for Immigrants in New York

New York City is home to a wide array of resources dedicated to assisting immigrants. These resources include legal aid organizations, community centers, and advocacy groups that focus on various aspects of immigration assistance. At Sebastian Simon Law Group, we frequently refer clients to trusted local resources that can provide additional support with housing, education, healthcare, and more.

The Immigrant Defense Project, for example, offers valuable information and support for those facing deportation. By connecting with these organizations, clients can access educational materials and expert advice that complement the legal services we provide. Our firm maintains strong ties with the local immigrant community to ensure that our clients receive comprehensive support tailored to their unique needs.

Don't hesitate—reach out to an experienced deportation defense lawyer in New York. Call (332) 330-8387 or complete an online form to take the next step.

Frequently Asked Questions About Deportation Defense

What Is Removal Defense, and Why Do I Need It?

Removal defense is a legal strategy used to prevent individuals from being deported or removed from the United States. If you or a loved one is facing removal proceedings, having a skilled attorney can help you understand your rights, explore possible defenses, and fight for your right to stay in the country. A deportation attorney in New York can assess your circumstances, identify applicable legal protections, and build a strong argument to keep you in the U.S.

Besides legal knowledge, removal defense requires strategic planning and careful timing. Every case is unique, and a tailored approach is necessary to address the varied and specific situations clients face. Our attorneys are committed to guiding you every step of the way with personalized defense strategies.

What Types of Relief from Removal Are Available?

Several forms of relief from removal may be available depending on your circumstances. Common types include:

• Asylum: If you fear persecution in your home country due to race, religion, nationality, political opinion, or membership in a particular social group, asylum may be an option. If granted, you can eventually apply for a green card.
• Withholding of Removal: This protects individuals from being returned to a country where they face a credible threat to their life or freedom. It has a higher standard of proof than asylum.
• Convention Against Torture (CAT) Protection: This relief is available if you face a risk of torture upon return to your home country.
• Adjustment of Status: If eligible, you may adjust your immigration status to that of a lawful permanent resident (green card holder) to avoid removal.
• Cancellation of Removal for Non-Permanent Residents: This may be available if you have lived in the U.S. for at least ten years, demonstrate good moral character, and show that removal would cause extreme hardship to you and qualifying family members.

How Can Sebastian Simon Law Group Assist with My Deportation Defense?

At Sebastian Simon Law Group, our attorneys provide compassionate and aggressive representation in removal cases. We will:

• Evaluate Your Situation: Assess the details of your case to identify the best defense strategies and options for relief.
• Prepare Your Case: Gather necessary evidence, prepare legal arguments, and represent you in court to fight for your right to stay in the U.S.
• Advise on Legal Options: Provide guidance on the various forms of relief available and help you understand which options are most suitable for your situation.
• Support Throughout the Process: Offer support and advocacy at every step of the removal proceedings to ensure your case is handled effectively.

We recognize that each client's circumstances are distinct, and we dedicate ourselves to offering empathetic and customized legal counsel. Our team is attentive to client needs and will keep you informed of developments throughout your case, providing reassurance and clarity during challenging times.

What Should I Do If I Receive a Notice of Removal or Deportation?

If you receive a notice of removal or deportation, it is crucial to act quickly. Contact our office immediately to schedule a consultation. We will review the notice, discuss your options, and begin building a defense strategy. It is important to respond promptly to deadlines and to work with an attorney to ensure your rights are protected throughout the process.

How Long Does the Removal Defense Process Take?

The duration of the removal defense process can vary widely depending on factors such as the complexity of your case, the type of relief you are seeking, and the caseload of the immigration court. Some cases may be resolved relatively quickly, while others may take several months or even years. Our team will keep you informed about the progress of your case and work to expedite the process as much as possible.

Understanding that the waiting period can be stressful, our firm strives to communicate clearly regarding timelines and expectations so that you are always well-informed and prepared. Our proactive approach aims to address any obstacles promptly to avoid unnecessary delays.

At Sebastian Simon Law Group, our expert deportation attorney in New York is ready to provide personalized legal guidance. Contact us through our online form or call (332) 330-8387 to secure your FREE consultation.