Queens Deportation Defense Attorney

Top-Rated Counsel for Those Facing Removal in Nassau & Suffolk Counties

The prospect of deportation is frightening and stressful. If you or a loved one is facing removal, it is important to remember that you do not have to face the situation alone. With the help of a skilled and experienced deportation defense lawyer in Queens, you may be able to achieve a favorable outcome and remain in the United States.

At the Law Office of Patricia M. Machado, P.C., we have successfully defended countless clients against removal from the United States. We understand the complexities of immigration law and the deportation process, as well as what is at stake. Our team is prepared to put our extensive knowledge and resources to work for you.

In Queens, diverse communities face unique immigration challenges. Understanding local nuances, such as community resources and support networks, can be pivotal when building a robust deportation defense strategy. Our firm actively engages with the local community to provide informed representation that considers these unique aspects.

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 Queens. Hablamos Español.

What Is Deportation?

Deportation, commonly referred to as removal, is the legal process by which a non-U.S. citizen is removed from the United States. This can occur for a number of reasons, such as a violation of immigration laws or a criminal conviction.

A person may be deported if they:

• Entered the U.S. illegally
• Overstayed their visa
• Violated the terms of their visa
• Are inadmissible to the U.S. due to certain health issues or a criminal record
• Are determined to be a public charge
• Are a threat to public safety

Understanding deportation requires knowledge about potential defenses and legal rights. Knowing your rights and the judicial process's intricacies can significantly affect your deportation case outcome. Consulting with a qualified deportation defense attorney in Queens early on can help clarify these complexities and prepare a robust defense that takes into account any available legal protections you might have.

What Is the Deportation Process?

There are several steps in the deportation process:

1. Notice to Appear

The deportation process typically begins when U.S. Immigration and Customs Enforcement (ICE) sends a Notice to Appear to the non-U.S. citizen. This document will include information about the removal proceedings, including the reason for removal and the time and date of the initial hearing.

2. Master Calendar Hearing

At the first hearing, known as the Master Calendar Hearing, the non-U.S. citizen will be given the opportunity to admit or deny the allegations in the Notice to Appear. Additionally, the judge will ask for the non-U.S. citizen's preferred method of relief from removal, if any.

3. Individual Merits Hearing

At the Individual Merits Hearing, the non-U.S. citizen will be given the opportunity to present evidence and arguments in support of their case. The government's attorney will also have the opportunity to present evidence and arguments to support removal. After hearing both sides, the immigration judge will issue a decision.

4. Removal

If the non-U.S. citizen is found removable, they will be issued a removal order. Depending on the circumstances, the individual may be able to voluntarily leave the U.S. within a certain time frame. If the individual does not voluntarily leave, the government may remove them by force.

Engaging proactively with each step of the process can influence the outcome of a case. Early legal guidance can assist in gathering appropriate documentation, identifying witnesses, and exploring alternative outcomes such as voluntary departure or securing protection under specific legal provisions.

How Long Do Deportation Proceedings Take?

The length of deportation proceedings can vary greatly, depending on the specific circumstances involved. For example, if the non-U.S. citizen has a relatively straightforward case, the proceedings may be resolved in a matter of months. However, if the case is complex, it may take several years for a resolution to be reached.

Factors that influence the duration include the availability of court dates, the complexity of the case, and potential appeals. Individuals need to prepare for potentially lengthy proceedings and seek legal advice promptly to explore avenues for expediting the process when possible. Understanding these potential timeframes is crucial for planning and strategizing your defense.

How Can a Lawyer Help with Deportation Defense?

Deportation defense is a complex area of law that requires the guidance of a skilled attorney. A good deportation defense attorney in Queens can help you by:

• Explaining your rights and options
• Helping you understand the deportation process
• Reviewing your situation and determining whether you have any available defenses
• Preparing all necessary documentation and evidence
• Representing you in all hearings
• Negotiating with the government's attorney to seek a favorable outcome
• Helping you explore any possible forms of relief from removal
• Filing an appeal if you receive an unfavorable decision

Having a lawyer can make a significant difference in understanding the intricacies of your case. For instance, certain defenses may only apply to specific situations or classifications of offenses, and an attorney can provide guidance on these subtleties. Moreover, the emotional burden of facing deportation can be alleviated with professional support, allowing you to focus on securing the best possible outcome.

What Are Some Deportation Defenses?

Several defenses may be available to those facing deportation, including:

• Adjustment of Status: This is available to those who are eligible to apply for a green card and would like to do so.
• Cancellation of Removal: This is available to those who have been in the U.S. for at least 10 years, have good moral character, and can demonstrate that their removal would cause exceptional and extremely unusual hardship to their U.S. citizen or lawful permanent resident spouse, child, or parent.
• Asylum: This is available to those who have a well-founded fear of persecution in their home country based on their race, religion, nationality, political opinion, or membership in a particular social group.
• Withholding of Removal: This is similar to asylum, but does not require the individual to prove a fear of persecution based on one of the five protected grounds. It is only available to those who can demonstrate that it is more likely than not that they would be persecuted in their home country.
• Protection Under the Convention Against Torture (CAT): This is available to those who can demonstrate that they would be subjected to torture if they were removed to their home country.
• Prosecutorial Discretion: In certain cases, the government may agree to exercise prosecutorial discretion and terminate removal proceedings. This is typically only available to those who have strong family ties to the U.S., have been living in the country for a long time, and have not been convicted of any serious crimes.

Understanding these defenses can shape your legal approach and provide potential pathways to remaining in the U.S. Each case is unique, which makes a tailored defense strategy critical. Seeking legal counsel early can help you understand which defenses apply to your case and how to effectively present them.

If you are facing deportation, it is important to seek legal guidance as soon as possible. There are strict deadlines for filing certain forms of relief from removal, and the sooner you get started, the better your chances of success. Connect with a professional deportation defense lawyer in Queens as soon as possible.

Why Choose the Law Office of Patricia M. Machado, P.C.?

At the Law Office of Patricia M. Machado, P.C., our Queens deportation defense attorney has an in-depth understanding of immigration law and the deportation process. We have a proven track record of success, having helped countless clients achieve favorable outcomes in their deportation proceedings.

When you choose our firm, you can expect:

• Personalized Representation: We understand that every situation is unique. That is why we take the time to listen to your story, learn about your goals, and develop a customized legal strategy just for you.
• Aggressive Advocacy: We are not afraid to go to bat for our clients, both in and out of the courtroom. We will fight tirelessly to protect your rights and your future.
• Accessibility: We are here to answer your questions and address your concerns throughout the entire process. If you ever have any questions, you can expect a prompt response from our team.

Choosing a legal partner during such challenging times can make a significant impact on how your case is handled and ultimately resolved. Our firm emphasizes a client-centered approach, ensuring that our guidance is aligned with your specific needs and goals. We focus on strategic advocacy while maintaining open communication with you at each stage of the process.

Get Started Today with a Consultation

If you or a loved one is facing deportation, we encourage you to reach out to our firm as soon as possible. We can discuss your situation with you in detail and help you understand your rights and options. When you choose our firm, you can expect compassionate and personalized representation every step of the way.

To request an initial consultation with our Queens deportation defense lawyer, call (646) 355-1560 or online today.

Frequently Asked Questions About Deportation

What Are the Grounds for Deportation?

Grounds for deportation can include overstaying a visa, entering the U.S. unlawfully, committing certain crimes, or violating immigration laws. Acts like fraud, drug offenses, or posing a security risk may also lead to removal proceedings. A skilled deportation defense attorney in Queens can assess your case, explain potential defenses, and guide you through the process. Contact us for tailored legal support to protect your rights and explore your options.

Can I Be Deported for a Criminal Conviction?

Yes, certain criminal convictions can lead to deportation, including aggravated felonies, drug offenses, fraud, or crimes involving moral turpitude. The type and severity of the conviction determine eligibility for removal. If you're facing deportation due to a criminal conviction, it's critical to consult an experienced deportation attorney. A lawyer can review your case, explore potential defenses, and work to protect your right to remain in the U.S.

Can U.S. Citizenship Be Revoked and Lead to Deportation?

Yes, U.S. citizenship can be revoked in rare cases, typically if it was obtained through fraud or misrepresentation during the naturalization process. This could expose an individual to deportation. For example, failure to disclose a criminal history or other critical details could result in denaturalization. If you’re concerned about such risks, consulting with an experienced deportation lawyer in Queens can help protect your rights and clarify your options. Contact us for guidance.

What Should I Bring to My First Consultation?

When preparing for your first consultation with a deportation defense attorney in Queens, it's important to bring relevant documentation. This includes any correspondence from immigration authorities, court documents, records of past legal incidents, and identification documents. Having these ready helps us assess your situation accurately and craft a personalized strategy. Moreover, be prepared to discuss your immigration history and any prior interactions with law enforcement, as these can impact your case.

How Can I Stay Informed About My Case?

Staying informed about your deportation case is crucial. Law Office Of Patricia M. Machado, P.C. prides itself on maintaining open lines of communication with clients. We ensure that you are updated at every step, whether through in-person meetings, phone calls, or emails. Our goal is to answer all your questions promptly and keep you informed of any changes. This approach reduces uncertainty and keeps you engaged in the process, allowing for collaborative strategy shifts when necessary.

What Are My Chances of Winning My Deportation Case?

Understanding the likely outcomes of your deportation case involves evaluating several factors unique to your situation. These include your legal status, history, and the available defenses applicable to your case. While no outcome can be guaranteed, Law Office Of Patricia M. Machado, P.C. leverages over 25 years of experience to build a strategic defense aimed at achieving the best possible result. During your initial consultation, we will review the details of your case thoroughly, outline potential strategies, and discuss realistic expectations based on legal precedents and current immigration laws.

Get the support you need from our skilled deportation attorney in Queens. Reach out via online form or dial (646) 355-1560 now to book your consultation.