I am an experienced Brooklyn, New York City based Immigration lawyer Brooklyn that fights Immigration and Customs Enforcement, I.C.E, (formerly known as Immigration and Naturalization Service, I.N.S.) in Deportation/Removal cases. I am admitted in the two United States Federal Courts (Eastern and Southern Districts) and the United States Court of Appeals (2nd Circuit). I have made thousands of Court appearances and have achieved very good results for my clients in Deportation cases.
If you or a loved one has been placed in deportation proceedings, you need an experienced Immigration attorney to aggressively investigate and pursue various possible forms of relief or defenses to deportation.
One form of relief is Voluntary Departure. This is often the best option for those individuals who do not have any real defense to a Deportation proceeding. In Voluntary Departure the government will allow you to leave this country at your own expense. Here you are issued up to 120 days to leave the country and in some case s the Judge may require you to post a bond.
You request Cancellation of Removal and get your Permanent Residence (“Green Card”) if you have been in this country for several years, do not have a serious criminal history, and the Judge believes that you should be granted the relief. In making this determination the Judge will consider various factors including the hardship to your family if you would be deported, you good character and ties to the community, and the duration of your stay in the United States.
You can also get your Green Card in deportation proceedings through adjustment of status. For example if you are married or ever were married to a United States Citizen you might be eligible to adjust status through them. One of the main ways is through a Good Faith marriage waiver or Violence Against Women Act (VAWA) petition.
If you are afraid to return to your home country due to persecution or a well founded fear of persecution because of your race, religion, nationality, membership in a particular social group or political opinion you might be eligible for Asylum or Withholding of Removal.
Contact me, for a free consultation if you are in Deportation proceedings. I am here to serve you. Fight to win!
Immigration Questions & Answers
Navigating the US immigration process is tough, and it’s far too complex to navigate alone. One misstep could complicate your case for years.
The guide below is no substitute for a personalized, one-on-one consultation with a qualified immigration attorney who can hear the unique facts of your case.
However, we also know how important it is to arm yourself with good information so that you feel more confident as you seek out the help that you need. That is why we, as experienced New York immigration lawyers, have taken the time to put together this in-depth immigration FAQ.
What should I bring to a citizenship interview?
Check your appointment letter. This letter will often list documents that you need to bring with you, in addition to the documents listed below. You will always have to bring the following:
- Your Permanent Resident or Alien Registration Card
- Your Passport
- Your State ID Card
- Your Re-Entry Permits
In general, it’s best to err on the side of bringing more. Bring these documents even if they have expired.
What should I know about obtaining a work visa?
There are five different types of work visa programs.
The most common of these visas is the EB3 Labor Certification. This is a visa you would receive if an American company hired you to do a job. Your employer submits this application on your behalf. If you lose the job the visa is attached to then you will lose the visa. Employers will not be able to hire you unless you are willing and able to accept the job at the prevailing wages for that area and job title.
EB1, EB2, and EB4 visas all have specific requirements attached to them.
EB1 visa holders are “priority workers.” These are highly trained individuals with extraordinary abilities in the sciences, arts, education, business, or athletics. Professors, multinational executives, and Olympic gold medalists are all examples of potential EB1 Visa holders. As such, they are rare. An EB1 visa is a path to permanent residency.
EB2 visas are reserved for those who hold advanced degrees. An EB2 visa holder must also have a job offer waiting from an American company. This visa allows you to reside permanently anywhere in the US and to travel freely in and out of the US.
EB4 visas are reserved for religious workers, as well as for former employees of the US government. You can generally obtain these visas a little bit faster if you qualify as it is unusual for these visas to be issued at quota.
Finally, there’s the EB5 license, which is reserved for investors. If you can invest $500,000 in a US-government approved business fund you can often obtain permanent residency for yourself, your spouse, and your children after investing for just 5 years. This is an outstanding path to citizenship for those who have the means, but you will need good guidance to ensure that you are meeting all program requirements.
What is a green card, and how do I get one?
A green card is a permanent residency visa which allows you to live and work in the United States. The US issues a limited number of these visas each year. We have already discussed the EB1, EB2, and EB5 work visa options above, which can lead to a green card. Green cards are also issued to the spouses of US Citizens, qualified professionals with bachelor’s degrees, individuals who have worked for the US government in other countries, or individuals who invest $1 million or more to create ten or more jobs here in the United States.
Note that meeting these criteria does not necessarily guarantee a green card. If you dream of securing permanent residency in the United States contact our office to discuss how you might proceed.
How can I change my immigration status?
The short answer? Get an attorney. Changing statuses is very complex. Be prepared to provide a great deal of documentation, and be prepared to fill out plenty of forms. Keep in mind that you might have multiple options to choose from; an attorney’s advice might help you to choose the best option.
What should I know about the Immigration Lottery?
The United States offers a limited number of randomly chosen “diversity visas” aimed at encouraging immigrants from countries with historically low immigration rates. There are a limited number of DVs available each year, and the list of eligible countries changes each year. You still have to meet certain education and work requirements to qualify for the program. You can check the current requirements here.
If you've already been selected for the program you should note that selection is not the same as an application. You’ll want to submit your application as quickly as possible.
What should I do if I've been accused of marriage fraud?
A conviction of marriage fraud can have lasting consequences, as such a conviction will bar you from ever having an I-130 green card petition approved. It can also result in the revocation of any approval that you may have received in the past.
The courts need to find substantive evidence that you entered into your marriage for the sole purposes of obtaining a green card. As immigration attorneys it would be our job to demonstrate that any evidence gathered against you is, indeed, insufficient. If you are facing this situation contacting an immigration attorney is your best hope of defending your ability to stay in the country, or to successfully execute future immigration petitions.
How can I apply for asylum?
You can apply for asylum if you have suffered persecution or fear that you will suffer persecution due to race, religion, nationality, membership in a social group or for your political opinions. You must fill out a form I-589 to apply, and you may include your spouse and unmarried children under the age of 21 in your application. You can apply for permission to work at the same time.
What should I expect during deportation proceedings?
An immigration case can take months or years. You may be detained during the process.
The case will usually progress through a series of hearings.
A Master Calendar Hearing can give you more time to find an attorney, or to prepare your case.
If you’ve been detained, you can receive a Bond Hearing if you request one. The judge will use this hearing to determine whether you are a flight risk or a danger to the community. If he determines that you are neither, then he will set an immigration bond so that you can be released from immigration detention.
Finally, there is the Merits Hearing, also known as the Individual Hearing, where you actually argue your case. Obviously, you are going to want to be well-prepared with strong representation when that day arrives.
Keep in mind that you do have the right to an attorney, though you will only receive a public defender in an immigration case if you happen to be mentally ill.
What is voluntary departure?
It is essentially an uncontested deportation. Keep in mind that there is no way to fight your immigration status from your home country. If you have a green card you will most likely lose it if you choose to sign this order. In fact, most people who sign this order are unable to return to the US ever again after doing so.
However, a recent voluntary return immigration settlement could allow some individuals who were repatriated to Mexico through voluntary deportation to return to the United States.
What is cancellation of removal?
A cancellation of removal will prevent a deportation from proceeding. It can only be awarded by an immigration judge, and you must prove that you and your immediate family members will suffer “exceptional and extremely unusual hardship if forced to leave the country.” This is not the same thing as successfully fighting a deportation order, especially since “exceptional and extremely unusual hardship” is not an easy standard to meet.
If the judge decides you don’t meet the standard then you will usually be deported. If you are considering this option it is very important to speak to an immigration attorney about your situation in order to determine whether or not petitioning for a cancellation of removal is worth the risk.
How can I help a family member or friend who has been taken by ICE?
If you’re not a United States Citizen or Lawful Permanent Resident, don’t try. Enlist the help of someone who is.
If you are a US Citizen or Lawful Permanent Resident there are some steps you can take. First, you can use the Online Detainee Locator System to find out where your friend or family member is being held.
If a bond has been set you can pay it to secure the temporary release of your friend or family member. As a friend or a family member you can also help find a qualified immigration attorney to help fight the deportation order. Even after you pay the bond your loved one isn’t out of the woods yet, and there is a very long road ahead.
What should I know about President Obama’s new deportation relief program?
This program may help you if you are here illegally, or if your visa has expired. However, you should know that your application can be used against you later. A good attorney can help you determine whether or not you meet the eligibility requirements before you start giving away information which can hurt you later.