Deportation proceedings, formally known as removal proceedings, are a legal process allowing the United States to remove non-citizens from the country, generally returning them to their own country. The government can seek to deport you for many reasons, but a dedicated immigration attorney could help you fight the proceedings.
A Jersey City immigration lawyer could help you stay in the U.S., construct a secondary defense when necessary, and argue on your behalf that you should remain
The primary reason for removal is the violation of a visa. All visas come with terms and conditions, including time constraints. As soon as the deadline expires or a non-citizen violates any conditions of their visa, they are technically in the country illegally.
Other deportation allegations are based on more serious charges, including criminal or dangerous behavior. Being charged with a crime comes with two potential avenues of prosecution for non-citizens: criminal prosecution and deportation proceedings. While criminal convictions are more likely to lead to deportation, allegations alone are enough to support removal, especially for specific classes of crimes, including:
Sometimes, successfully defending against deportation involves a secondary criminal defense strategy. For many removal proceedings, the goal is to prove to the judge that the harm to the family or the community from removing a person is more substantial than the good of enforcing the removal laws. It is more difficult to prove that theory when a person has a criminal history or allegations of dangerous behavior. A Jersey City deportation defense lawyer could focus on disproving the facts or introduce mitigating factors to explain a crime.
If a non-citizen gets any criminal conviction, but especially a conviction for a violent crime, aggravated felony, or a felony, they will most likely face deportation. Challenging removal after a conviction or guilty plea to certain offenses is close to impossible. The court balances the harm to the family and community against the potential harm to society, so the more serious the criminal conviction, the more likely a person will be deported. Deportation can happen immediately after conviction or post-release, which can leave someone vulnerable, even after successfully serving a prison sentence.
A Jersey City deportation defense lawyer has to keep these consequences in mind when planning a criminal defense strategy. That is particularly true for crimes the federal government considers aggravated felonies, including:
Of course, any crime that targets the federal government is also a red flag. Treason and espionage are two of the leading ones, but any allegation of anti-government activity can trigger deportation proceedings.
It is vital to challenge the criminal charges prior to a deportation proceeding. The best way to avoid negative consequences is to avoid a conviction in the first place. In fact, while an attorney can challenge some of the factual allegations underlying the conviction, once there is a conviction, the judge hearing the removal proceeding can take the conviction and the underlying allegations as fact. A Jersey City defense lawyer could pivot and focus on mitigating circumstances and explanations.
Not every person can successfully defend against deportation. In most situations, lawful permanent residents must have seven years of continuous residence in the United States, with five as a lawful permanent resident. Nonpermanent residents need 10 years of continuous residence and to prove they are of good moral character. Additionally, nonpermanent residents must prove their removal would cause significant hardship to a family member who is a citizen or permanent resident.
Having a criminal conviction makes cancellation removal even more difficult. Schedule a consultation with a Jersey City deportation defense lawyer to learn more about your specific case.
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