Guide from Immigration Attorney in New York : Removal Defense

The Immigration and Nationality Act establishes numerous grounds for removal. These include crimes of moral turpitude, drug trafficking offenses, crimes of violence, fraud, security violations, and simple overstay of a visa. Additionally, certain conduct, such as entering the country without inspection or violating the terms of your visa status, can trigger removal. An immigration attorney in New York will examine the specific allegations in your Notice to Appear and determine whether the government can legally establish removability. Many cases contain procedural defects or factual errors that can be challenged before an immigration judge.

Once a Notice to Appear is filed, you will receive a hearing date before an immigration judge in your jurisdiction. The government bears the burden of proving removability by clear and convincing evidence. You have the right to be represented by counsel, to present evidence, to cross-examine government witnesses, and to appeal an unfavorable decision. An immigration attorney in New York will prepare you for this hearing, gather supporting documents, and present arguments on your behalf. The immigration judge will then issue a decision that can be appealed to the Board of Immigration Appeals and potentially to federal court.

If you have suffered persecution or have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group, you may qualify for asylum. Withholding of removal provides similar protection but with narrower eligibility criteria. Both remedies require demonstrating that your government is unwilling or unable to protect you from persecution. An immigration attorney in New York can help you gather country condition evidence, prepare your testimony, and present a compelling case before the immigration judge. These forms of relief allow you to remain in the United States and eventually obtain permanent residency.

Cancellation of removal is available to certain non-citizens who have been physically present in the United States for at least ten years, have maintained good moral character, and can demonstrate that removal would result in exceptional and extremely unusual hardship to a United States citizen or lawful permanent resident spouse, parent, or child. Other relief options include adjustment of status, family-based petitions, and prosecutorial discretion applications. An immigration attorney in New York will determine which relief options apply to your situation and advise you on the likelihood of success for each option. Additionally, our firm can assist with business immigration matters if you have employment-based opportunities available.

The Immigration Court for the New York area is located in lower Manhattan and handles removal cases from New York, New Jersey, and Connecticut. This court processes thousands of cases annually and has developed specific procedural practices and scheduling protocols. Immigration judges in New York often have significant experience with complex cases involving criminal convictions, asylum claims, and family-based relief. An immigration attorney in New York will be familiar with the local court rules, filing requirements, and the judicial temperament of the immigration judges who may hear your case. This local knowledge is critical for developing an effective litigation strategy and presenting your case in the most favorable manner possible.

If the immigration judge denies your case, you have the right to appeal to the Board of Immigration Appeals and potentially to federal court. Federal courts in New York, including the Second Circuit Court of Appeals, have jurisdiction to review immigration decisions. The standard of review is highly deferential to the immigration judge and Board of Immigration Appeals, making it essential to present a strong case at the immigration court level. An immigration attorney in New York will ensure that all necessary legal arguments and evidence are presented in the immigration court so that you preserve your rights for any potential appeal.

A conviction for a crime of moral turpitude or a drug trafficking offense is generally a mandatory ground for removal. These convictions make you deportable regardless of your length of residence in the United States or family ties. However, certain convictions may be subject to challenge or modification under New York state law. An immigration attorney in New York can review your criminal record and determine whether any convictions can be vacated, reduced, or modified to eliminate or reduce immigration consequences. This proactive approach may prevent removal proceedings from being initiated or may provide a defense if removal proceedings have already begun.

Convictions for crimes of violence and firearm offenses also trigger removal. Additionally, individuals convicted of these offenses may be ineligible for certain forms of relief, such as cancellation of removal. An immigration attorney in New York will analyze your specific conviction to determine whether it falls within the federal definition of a crime of violence or firearm offense. In some cases, state law modifications or sentence reductions may be available to reduce the immigration consequences of your conviction. Our firm can also provide guidance on related matters, such as defamation attorney services, if your case involves false statements or reputational harm.