New York Deportation Defense Attorney
Helping Clients in Manhattan Find Relief From Removal
- 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?
There are many different case scenarios that cause clients to be placed in deportation proceedings. At the Law Office of Patricia Machado, 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.
Deportation and the Notice to Appear
The removal/deportation process can be initiated is 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.
The Law Office of Patricia 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 immigration attorney on your side you can receive legal advocacy, support and guidance throughout the process. Call the team at the Law Office of Patricia M. Machado, P.C. today for a consultation about your case.
Ways to Stop Deportation
If you have been threatened or are facing deportation or removal, 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. Alien must be able to show that they are eligible for relief and why they deserve it.
- Administrative/Judicial Relief: Available to aliens after removal hearings are complete. These options are similar to appealing the decision of the judge
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.
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, will be eligible for release on bond after the attorney prepares a Motion for Bond and will be released based on the Immigation Judge’s favorable decision. Typically this decision depends on the probability that the detainee will return to court.
Call a Cancellation of Removal Lawyer in Manhattan Today
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 will prepare you from the first consultation and provide you with guidance and support on how to proceed. You will be accompanied by an attorney and you will be advised and supported every step of the way.
Affordable Legal Services
At the Law Office of Patricia Machado, 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.