Deportation Defense Lawyers in Newark 

Common Reasons For Deportation

Common reasons individuals may face deportation include:

• Violation of Immigration Laws: This can include entering the United States illegally or overstaying a visa.
• Criminal Convictions: Certain criminal convictions, especially those involving moral turpitude or aggravated felonies, could result in deportation proceedings.
• Visa Overstays: Failure to maintain lawful status due to overstaying a visa can result in deportation.
• Immigration Fraud: Providing false information or fraudulent documents to immigration authorities can lead to serious consequences, including deportation.
• Public Charge: Dependence on public assistance without proper authorization can be grounds for deportation.

Defenses Against Deportation

Some common defenses against deportation include:

• Adjustment of Status: If eligible, individuals could be able to modify their status to that of a lawful permanent resident (green card holder) based on family relationships, employment, asylum, or other humanitarian grounds. 
• Waivers: Certain waivers may be available to forgive or overlook certain grounds of inadmissibility or deportability, particularly for individuals with qualifying family relationships or extreme hardship circumstances.
• Cancellation of Removal: This relief is available to certain non-permanent residents who have been physically present in the United States for a specified period and can demonstrate continuous presence, good moral character, and that their removal would lead to exceptional and extremely unusual hardship to qualifying family members. 
• Asylum or Withholding of Removal: Individuals fearing persecution or torture in their home country may be eligible for asylum or withholding of removal protections. 
• Prosecutorial Discretion: In some cases, immigration authorities may choose to exercise discretion in favor of an individual, considering factors such as family ties, community involvement, and length of residence in the United States.

Frequently Asked Questions on Deportation Defense

What Should I Do if I Receive a Notice to Appear?

Receiving a Notice to Appear (NTA) is the start of a legal process that can lead to deportation. It is crucial to act quickly and seek legal advice immediately. At Murray Osorio PLLC, our attorneys can help you understand the charges against you, determine the possible defenses available, and guide you through the complexities of immigration court procedures. Preparing extensively with proper documentation and evidence, such as family or employment ties, is essential to strengthening your case. Do not ignore the NTA because failing to attend scheduled hearings can result in deportation orders in absentia.

Who Can Qualify for a Cancellation of Removal?

Cancellation of removal is a remedy available to certain qualifying non-permanent residents. To qualify, individuals typically must demonstrate a continuous physical presence in the United States for at least ten years, show good moral character, and establish that removal would result in exceptional and extremely unusual hardship to qualifying relatives such as spouses, children, or parents who are U.S. citizens or lawful permanent residents. This form of relief is discretionary, meaning that the immigration judge has the authority to grant or deny it based on the merits of the situation. As such, having skilled representation can help highlight the factors that strongly favor relief in your situation.

How Can I Prove Hardship in a Deportation Defense Case?

Proving hardship is a critical element in many deportation defenses, particularly for applications like cancellation of removal. Demonstrating hardship requires comprehensive evidence showing how deportation will affect qualifying relatives emotionally, financially, and in terms of health conditions. This can include providing letters from health care professionals about medical needs, psychological evaluations, financial records, and personal testimonies. Our team assists you in gathering and organizing this important documentation and in crafting a compelling narrative that illustrates the dire impact that deportation would have on your family.