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 Queens deportation defense lawyer, 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 deporta
tion process, as well as what is at stake. Our team is prepared to put our extensive knowledge and resources to work for you.
Dial (646) 355-1560or contact us onlineto schedule a consultation with our New York deportation attorney Patricia Machado. We serve those in NYC and Queens.
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
What Is the Deportation Process?
There are several steps in the deportation process:
1. Notice to Appear
The deportation process typically begins when the 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.
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.
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
What Are Some Deportation Defenses?
There are several defenses that 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.
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.
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.
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) 355-1560or onlinetoday.