Manhattan Deportation Defense Lawyer

Comprehensive Deportation Defense Services in Manhattan

There are many different case scenarios that cause clients to be placed in deportation proceedings. At the Law Office Of Patricia M. Machado, P.C., we understand the stress that the client is suffering and the importance of preparing the case. We will fight hard for a positive outcome while providing affordable fees and can assist with payment plans depending on the timeframe and complexity of the case. 

With the ever-changing immigration laws and the complexities surrounding deportation cases, comprehending every detail and preparing adequately cannot be overemphasized. It's crucial to have a thorough understanding of the various defenses available and how each applies to your specific situation. This could mean the difference between reciting your rights and possibly navigating successfully through the proceedings.

Our firm can help you navigate the below situations:

• Have you been placed in removal or deportation proceedings?
• Was your case denied in USCIS because you were not properly advised or represented?
• Did you marry a USC/LPR and were not able to obtain legal permanent residence because your marriage failed or you were abandoned?
• Have you been placed in immigration proceedings because you entered the USA illegally or overstayed a visa and never took the initiative to consult and possibly commence your immigration case because you were misinformed or anxious about this daunting process?

Dial (646) 355-1560 or contact us online to schedule a consultation with our New York deportation attorney Patricia Machado. We serve those in NYC and Manhattan.

Who Can Be Deported?

In the U.S., any non-citizen can be deported, including those who are legally present in the country on a visa or with a green card (permanent residents), under certain circumstances. The primary reasons for deportation usually involve violations of immigration or criminal laws.

For instance, individuals can be deported if: 

•  They entered the country illegally
• Overstayed their visa
• Violated the conditions of their legal status
• Committed certain crimes. These crimes may include but are not limited to drug offenses, crimes of moral turpitude, aggravated felonies, and crimes involving domestic violence, child abuse, or violation of protective orders.
• Immigrants who fail to advise the U.S. Citizenship and Immigration Services (USCIS) of their change of address within 10 days or falsely claim U.S. citizenship can also be subject to deportation.
• Even refugees and asylees, who have been granted protection because they faced persecution in their home countries, can be deported if they commit certain crimes or if conditions improve in their home country.

Depending on the case, deportation proceedings can involve a range of defenses. One key aspect is proving eligibility for relief such as cancellation of removal, or asylum. Legal counsel can explore avenues like Adjustment of Status or demonstrate how deportation would cause extreme hardship to qualifying relatives. Expert representation is crucial for navigating the complex legal landscape in these cases.

Given these complexities, anyone facing deportation should seek legal advice to understand their rights and possible defenses. If you or a loved one are facing removal from the United States, do not hesitate to speak with an experienced deportation attorney in Manhattan from the Law Office Of Patricia M. Machado, P.C..

Navigating the Notice to Appear in Deportation Cases

The removal/deportation process can be initiated after a denial of a USCIS matter or an arrest where the client is sent a Notice to Appear. If you have received a notice from the Department of Homeland Security denying your case and they have initiated Removal Deportation proceedings because you have fallen out of status, been arrested in the past, and your legal permanent residence status is in peril, you must retain an attorney as soon as possible.

At Law Office Of Patricia M. Machado, P.C., our experienced team assists clients from the initial stages of receiving a Notice to Appear. We emphasize prompt and comprehensive preparation. This includes gathering evidence, securing witnesses, and preparing an articulate defense strategy to present to the immigration judge. Every step from the first appearance to the individual hearing is crucial in influencing the case's trajectory and ensuring the best possible outcome.

Law Office Of Patricia M. Machado, P.C. has assisted thousands of clients that were placed in deportation proceedings for many different reasons and have prevailed by representing the client from the first appearance to the last Individual Hearing. The individual hearing is the final opportunity to convince an Immigration Judge that you are worthy of legal status in the United States.

Often one of the worst things you can do is wait to seek legal representation. This can be a costly mistake in the long run. By having a Manhattan deportation defense attorney on your side you can receive legal advocacy, support, and guidance throughout the process. 

To speak with our experienced Manhattan deportation defense attorneys, give us a call at (646) 355-1560 or contact us online today. 

Strategies to Prevent Deportation

If you have been threatened or are facing deportation or removal, and if you are eligible, you may apply for one or more options for relief. 

There are typically 2 categories of deportation relief:

• Discretionary Relief: Available during removal proceedings. The individual must be able to show that they are eligible for relief and why they deserve it.
• Administrative/Judicial Relief: Available after removal hearings are complete. These options are similar to appealing the decision of the judge.

Oftentimes, certain forms of discretionary relief require the immigrant to demonstrate a good moral character and prove that their removal would cause hardship to close family members who are U.S. citizens or lawful permanent residents. Appeals or motions to reopen the case can be pursued if new evidence arises or if there is reason to believe that the outcome was unjust.

Examples of discretionary relief:

• Cancellation of removal
• Declaring asylum
• Adjustment of status
• Voluntary departure (a last resort)

Examples of administrative relief:

• Appeal to the Board of Immigration Appeals (BIA)
• Appeal to the Federal courts via judicial appeal

Who Qualifies for a Cancellation of Removal?

The qualifications are different for those who are lawful permanent residents and nonpermanent residents. 

For permanent residents, they must be able to prove that:

• They have been an LPR for at least 5 years
• They have continuously resided in the U.S. for at least 7 years
• They have not been convicted of a felony
• Nonpermanent residents must be able to prove that:
• They have been physically present in the U.S. for 10 continuous years
• They have shown a good moral character during those 10 years.
• They have not been convicted for crimes.
• The removal would result in an extreme hardship to family members who are U.S. citizens or other LPRs.

Cancellation of removal is a form of relief that may halt the deportation process and pave the way toward attaining legal residency. However, it's imperative to meet stringent criteria and provide adequate documentation to support your application. This procedure demands meticulous preparation, often involving affidavits, evidence of residency, and character references supporting your moral integrity and contribution to society.

Understanding Your Options for Deportation Relief

Dealing with the possibility of deportation can be a daunting and stressful experience. At Law Office Of Patricia M. Machado, P.C., our Manhattan deportation defense attorney is dedicated to helping clients understand their options for deportation relief and providing experienced legal representation throughout the process.

In addition to the more common forms of relief, there are other potential avenues such as prosecutorial discretion, which may prevent the issuance of a deportation order. Moreover, the Department of Homeland Security sometimes exercises deferred action, refraining from removal on grounds of humanitarian considerations or other community ties. Understanding the nuances can significantly affect the outcome and potential relief you may be eligible for.

Our team can help you explore various avenues for deportation relief, including:

• Asylum and refugee status
• Adjustment of status
• Cancellation of removal
• Waivers of inadmissibility
• Prosecutorial discretion

It's important to seek legal guidance as soon as possible to determine the best course of action for your individual situation. Our affordable legal services are designed to provide you with the right experience and representation to navigate the complexities of immigration law.

Don't wait until it's too late. Contact us today to schedule a consultation and learn more about how we can help you find relief from deportation.

Rights During Deportation Proceedings

During deportation procedures, it's crucial for individuals to be aware of their rights within the legal framework. A fundamental right is the access to an attorney; it’s highly recommended to have legal representation to navigate the complexities of the proceedings effectively. Individuals are also entitled to receive a detailed Notice to Appear, which outlines the charges against them and the reasons for deportation.

Another critical aspect is the right to present evidence in your defense. This includes gathering documentation that supports claims of eligibility for relief measures like cancellation of removal or asylum. Providing witness testimonies can further bolster your defense strategy. Moreover, immigrants have the right to an interpreter if they do not fully understand the English language, ensuring they can fully participate and comprehend the proceedings. Awareness of legal rights and active participation in the defense process can significantly influence the outcome of deportation cases.

Importance of Legal Representation in Manhattan Deportation Cases

In a bustling metropolis like Manhattan, the challenges of navigating the immigration system can be overwhelming. Legal representation becomes not just an option, but a necessity for those facing deportation. New York’s unique legal landscape, combined with its high immigrant population, demands experienced legal advocates who understand both the federal immigration laws and the local court nuances.

Having an attorney from Law Office Of Patricia M. Machado, P.C., who is adept in the local immigration courts, can significantly increase the chances of a favorable outcome. Legal counsel ensures stringent paperwork submissions, strategic defenses tailored to individual circumstances, and advocacy during hearings or appeals. Beyond court representation, our attorneys provide invaluable emotional support and clarity, assisting clients in understanding complex legal jargon and potential pathways. In Manhattan, where linguistic and cultural barriers can be significant, partnering with an experienced legal team is a powerful step toward securing one’s future in the U.S.

What Happens if I am Detained?

The individual can be detained or non-detained and will need legal representation in court. If the client is in detention he or she can be eligible for a bond hearing. Depending on the particular circumstances, eligibility for release on bond after the attorney prepares a Motion for Bond and will be released based on the Immigration Judge’s favorable decision. Typically this decision depends on the probability that the detainee will return to court.

When detained, it's crucial to understand the conditions of detention and the legal standards related to bond hearings. With expert legal advice, individuals can challenge detention based on unlawful arrest or argue vulnerability due to health conditions or family ties in the U.S. Regular updates and communication with the detainee's family can also help in preparing supportive documentation necessary for a favorable bond hearing and securing timely release pending further legal processes.

Protect Your Rights with a Skilled Deportation Defense Lawyer

Dealing with deportation proceedings can be a daunting and stressful experience. It is crucial to have a knowledgeable and experienced deportation defense lawyer on your side to protect your rights and advocate for your best interests. Our team at the Law Office Of Patricia M. Machado, P.C. is dedicated to providing top-notch legal representation to individuals facing deportation in New York City.

When you choose us to handle your deportation case, you can expect:

• Personalized attention and tailored legal strategies
• Thorough review of your case to identify potential defenses
• Aggressive representation in court hearings and proceedings
• Clear communication and guidance throughout the entire process
• Compassionate support during this challenging time

Our commitment extends beyond legal proceedings. We prioritize building strong, trusting relationships with our clients, which enables us to better understand their unique circumstances and craft an effective defense. Ensuring that our clients are informed and confident throughout the process is a testament to our dedication to providing not just legal defense, but also assurance and peace of mind.

Consult with a Manhattan Cancellation of Removal Attorney

Our office is prepared to represent you each step of the way. We’ll start with a consultation to get to know you more and understand the complexities of your matter. Our office has decades of experience practicing immigration law.

We thoroughly assess the specifics of every situation, ensuring our clients are aware of all viable strategies. We assist in gathering the necessary evidence, preparing applications, and submitting thorough legal documentation. Our comprehensive approach aims to offer each client the best possibility of achieving a favorable outcome and maximizing their prospects for staying in the United States.

Gain an advocate today by calling our office at (646) 355-1560 to schedule your appointment. Our New York City cancellation of removal lawyer is ready to help.