Removal Defense Lawyer in New York, NY
If you or someone you love is at risk of being removed from the United States, turn to Sebastian Simon Law Group for an aggressive defense. While your situation may seem dire, you have options for protection. Our compassionate New York removal defense attorney can help you explore these options and pursue the right one for your situation. Learn more about our affordable services in a consultation.
Call (332) 330-8387 or reach out to our firm online for the defense you deserve.
Types of Relief from Removal
Depending on the circumstances, many types of relief from removal could be available to you.
Common defenses against removal that our lawyer can pursue include:
Asylum
Asylum may be an option if you fear persecution in your home country based on characteristics such as race, religion, nationality, affiliation with a social group, or political opinion. Should you receive asylum, you may apply for a green card.
Withholding of Removal
Much like asylum, withholding of removal can prevent you from returning to your home country if you face threats to your life or freedom. However, the standard of proof to secure withholding or removal is high.
Convention Against Torture (CAT) Protection
CAT provisions may offer protection if you are at risk of torture in your home country.
Adjustment of Status
You could have the opportunity to adjust your immigration status to that of a lawful permanent resident (a green card holder) and avoid removal in certain situations.
Cancellation of Removal for Non-Permanent Residents
This protection may be available if you:
- Have lived in the U.S. for at least ten years
- Demonstrate good moral character
- Can prove that removal would cause extreme hardship for yourself and qualifying family members
Frequently Asked Questions About Deportation Defense
1. What Is Removal Defense, and Why Do I Need It?
Removal defense is a legal strategy used to prevent individuals from being deported or removed from the United States. If you or a loved one is facing removal proceedings, having a skilled attorney can help you understand your rights, explore possible defenses, and fight for your right to stay in the country. A removal defense lawyer can assess your situation, identify applicable legal protections, and build a strong case to keep you in the U.S.
2. What Types of Relief from Removal Are Available?
Several forms of relief from removal may be available depending on your circumstances. Common types include:
- Asylum: If you fear persecution in your home country due to race, religion, nationality, political opinion, or membership in a particular social group, asylum may be an option. If granted, you can eventually apply for a green card.
- Withholding of Removal: This protects individuals from being returned to a country where they face a credible threat to their life or freedom. It has a higher standard of proof than asylum.
- Convention Against Torture (CAT) Protection: This relief is available if you face a risk of torture upon return to your home country.
- Adjustment of Status: If eligible, you may adjust your immigration status to that of a lawful permanent resident (green card holder) to avoid removal.
- Cancellation of Removal for Non-Permanent Residents: This may be available if you have lived in the U.S. for at least ten years, demonstrate good moral character, and show that removal would cause extreme hardship to you and qualifying family members.
3. How Can Sebastian Simon Law Group Assist with My Deportation Defense?
At Sebastian Simon Law Group, our experienced attorneys provide compassionate and aggressive representation in removal cases. We will:
- Evaluate Your Situation: Assess the details of your case to identify the best defense strategies and options for relief.
- Prepare Your Case: Gather necessary evidence, prepare legal arguments, and represent you in court to fight for your right to stay in the U.S.
- Advise on Legal Options: Provide guidance on the various forms of relief available and help you understand which options are most suitable for your situation.
- Support Throughout the Process: Offer support and advocacy at every step of the removal proceedings to ensure your case is handled effectively.
4. What Should I Do If I Receive a Notice of Removal or Deportation?
If you receive a notice of removal or deportation, it is crucial to act quickly. Contact our office immediately to schedule a consultation. We will review the notice, discuss your options, and begin building a defense strategy. It is important to respond promptly to deadlines and to work with an attorney to ensure your rights are protected throughout the process.
5. How Long Does the Removal Defense Process Take?
The duration of the removal defense process can vary widely depending on factors such as the complexity of your case, the type of relief you are seeking, and the caseload of the immigration court. Some cases may be resolved relatively quickly, while others may take several months or even years. Our team will keep you informed about the progress of your case and work to expedite the process as much as possible.
What Makes Our Firm Different
Helping You Achieve Your American Dream
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Our attorneys and staff have helped clients throughout the nation and worldwide.
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Our legal services are available in English and Spanish. Se habla Español.
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Our founding attorney has first-hand experience with the immigration process.
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Our legal team is recognized for excellence by industry leaders and colleagues.
Cancellation of Removal for Lawful Permanent Residents
This protection could be available if you have been a green card holder for at least five years and have lived in the U.S. continuously for seven years.
Common Reasons for Removal Proceedings in the U.S.
U.S. authorities could order you to appear in removal proceedings if you:
- Overstay your visa
- Commit crimes, including felonies, aggravated felonies, crimes of moral turpitude, drug offenses, domestic violence, and firearms violations
- Violate immigration law by committing fraud, failing to comply with visa conditions, or putting misleading information on immigration forms
- Fail to attend necessary proceedings with the U.S. Citizenship and Immigration Services (USCIS) or an immigration court