New York Removal Defense Attorneys
Compassionate and Tireless Legal Representation
Being removed from the United States is one of the most frightening and stressful scenarios that any immigrant can face. Every situation is unique, but many immigrants are eligible for one or more forms of relief when they are targeted for removal. You should never face removal proceedings alone, and you have a right to hire legal representation.
Our New York removal defense lawyers at J&K Law will do everything possible to pursue relief and protect your life in the United States. Our team has practiced before immigration courts throughout the U.S., the Board of Immigration Appeals, and various circuit courts. We have over 20 years of combined legal experience and can leverage our knowledge, skills, and resources to secure a favorable outcome in your case.
Grounds for Removal
Immigration laws in the United States are stringently enforced. When a rule or law is broken, a noncitizen will likely be targeted for removal. Any noncitizen can potentially be removed from the country, including lawful permanent residents with green cards, if certain rules are broken.
Grounds for removal include:
- Unlawful presence or residence in the country. Whenever you are physically located in the United States without a valid visa or status, you can be targeted for removal. This includes scenarios where you enter the country unlawfully as well as situations where you remain in the country after a visa expires. The more unlawful presence you accumulate, the more difficult it will be to secure new immigration benefits and legally reenter the country in the future.
- Criminal convictions. Many types of serious and violent crimes, including aggravated felonies, firearm crimes, drug crimes, and crimes of moral turpitude, are considered offenses that warrant removal. Even lawful permanent residents can be placed in removal proceedings on these grounds. Note that in most situations you must be convicted of the crime in order to be targeted for removal. Being accused of a crime will generally not lead to removal proceedings if you are ultimately cleared of the charges.
- Rejection of an Adjustment of Status petition. Many seek green cards and other types of immigration benefits while physically present in the United States on another visa that will soon expire, or, sometimes, without any valid status at all. Should United States Citizenship and Immigration Services (USCIS) reject a request to adjust your status, they will likely realize that you are in the country unlawfully or soon will be. This information is typically forwarded to Immigration and Customs Enforcement (ICE) and will often result in removal proceedings.
- Improperly seeking lawful permanent residency. Obtaining certain types of nonimmigrant visas require that you attest that you are not coming to the country with the intention of permanently immigrating. This means that you cannot apply for a green card while in the U.S. on your nonimmigrant visa. If you attempt to seek lawful permanent residency anyway, your application will almost certainly be denied, and you can be targeted for removal. Note that certain nonimmigrant visas do allow you to seek lawful permanent residency.