Deportation Defense

Deportation is a common term used for formal removal of an alien from the United States due to a violation of immigration laws.

Removal proceedings are a serious matter. Removal proceedings of an alien starts with receiving a document called a notice to appear. If you or a loved one have received such a notice or are involved in removal proceedings, it is important to immediately contact Long Island Deportation Defense Lawyer Eric Horn to protect your interests. He offers caring and aggressive deportation defense for his clients.

Long Island Deportation Defense Lawyer Eric Horn primarily practices in the Immigration Courts in New York and New Jersey. However, federal regulations permit an attorney admitted in any state to appear before any Immigration Court. Mr Horn has litigated deportation cases throughout the country.

Deportation can often be prevented

Regardless of your situation, you may have options available that you are not aware of. We will work on your deportation defense and leave no stone unturned in helping you to remain in the United States.

Some of the options that may be available to you are:

Cancellation of Removal for Nonpermanent Residents

Mr. Horn is commonly asked by clients if they can become permanent residents simply because they have been living here in excess of ten years.  However, simply being in the United States for ten years is not going to allow an immigrant to become a lawful permanent resident.
Undocumented immigrants are eligible to become lawful permanent residents via Cancellation of Removal if they

  • have been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;
  • have been a person of good moral character during such period;
  • and establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

Please note that certain criminal convictions will bar immigrants from qualifying for this relief even if they took place more than ten years ago.

Cancellation of Removal for Nonpermanent Residents  is only available before the Immigration Court, or on appeal..  Although typically people are already in deportation proceedings when we open these cases, they can be pursued before being in deportation proceedings.  Mr. Horn is rather cautious about filing these cases affirmatively because they are now before the Immigration Court and, if the case loses, the person is either stuck with an order to voluntarily leave the country or an order of removal.  So Mr. Horn advises the client that he recommends opening these cases when you are not in removal proceedings if your case will realistically win before any Immigration Judge, as your attorney has no control which judge adjudicates this application.

Cancellation of Removal for Certain Permanent Residents

There is also Cancellation of Removal for certain Lawful Permanent Residents.

Lawful permanent residents can be placed in removal proceedings before the Immigration Judge based on the commission of certain criminal convictions.  (In fact, certain convictions can result in you being placed in removal proceedings only if you re-entered the country after taking a trip outside the United States.  This is an example of why the immigration laws are so complex and why expert legal counsel like Mr. Horn is necessary.)  Lawful permanent residents qualify for Cancellation of Removal if he or she

(1) has been an alien lawfully admitted for permanent residence for not less than 5 years,

(2) has resided in the United States continuously for 7 years after having been admitted in any status, and

(3) has not been convicted of any aggravated felony.

Please note that many permanent residents who do not qualify for this form of relief from removal will be able to apply for adjustment of status with a waiver.

Cancellation of Removal for Lawful Permanent Residents is only available before the Immigration Court, or on appeal.

Adjustment of Status

This relief is generally available to aliens in a variety of ways. Please schedule a consultation to explore your options.

Political Asylum

We can help you apply for political asylum in cases where there is persecution based on:

  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a particular social group

It is imperative that people seeking political asylum apply an application within one year of entering the United States. (There are very limited exceptions to this requirement.) The application can be filed affirmatively before US Citizenship & Immigration Services or, if you are in removal proceedings , it can be filed before the Immigration Court. However, barring exceptional circumstances only successful applications timely filed will allow you to become a lawful permanent resident.

People who have just entered the United States and are detained by the Department of Homeland Security and have a well-founded fear of persecution will often have to first declare and establish, to the best of their ability, to the Department of Homeland Security a credible fear of returning to their country of origin. Many persons do not understand that it is vital to declare any legal fear for returning to their country. Specifically, if a person is returned to his/her country of origin by DHS and the person reenters the United States, the person will no longer qualify for political asylum but for very limited circumstances. Finally you should be aware that your loved one can declare to DHS having a well-founded fear of persecution from their country of origin even if they said otherwise a few days ago and/or signed a form agreeing to be removed from the United States; (s)he will still receive a credible fear interview.

Withholding of Removal

Withholding of removal is similar to asylum.

However, whereas persons who win asylum simply need to demonstrate a reasonable fear should they return to their country of origin persons applying for withholding need to show that it is more likely than not that they would be persecuted in their country of origin. Further, you cannot apply for lawful permanent residence based on a grant of withholding of removal.

Aliens who are granted withholding of removal have the right to remain in the U.S. and work legally. Travel outside the U.S is restricted.
Withholding of removal is similar to asylum. Aliens who are granted withholding of removal have the right to remain in the U.S. and work legally. Travel outside the U.S is restricted.

NACARA

The Nicaraguan Adjustment and Central American Relief Act or NACARA is a U.S. law passed in 1997 that provides various forms of immigration benefits and relief from deportation to certain Nicaraguans, Cubans, Salvadorans, Guatemalans, nationals of former Soviet bloc countries and their dependents who had arrived as asylees. As these Central Americans overwhelmed the U.S. asylum program in the mid-1990s, their cases were left for NACARA to address.

At this point in time, relief remains eligible to certain nationals of El Salvador, Guatemala, and former Soviet bloc countries who have lived in the United States for the past seven years and who, more than twenty years ago, timely filed for either political asylum, Temporary Protected Status or under the settlement agreement in American Baptist Churches v. Thornburgh (ABC).  One should be aware that they can qualify for NACARA even if they departed the United States for many years   It is also very important to know that people who were spouses and children under the age of 21 when the principal received lawful permanent residence via NACARA can often qualify as a derivative.  Depending on the particular circumstances of the case, the application is adjudicated either by USCIS or the Immigration Court.

Temporary Protective Status

Temporary protected status (also called “TPS“) is a temporary immigration status to the United States, granted to eligible nationals of designated countries. Although TPS is filed before US Citizenship and Immigration Services, the Immigration Court has jurisdiction to adjudicate the application if it was denied by USCIS.

Bonds

Persons are detained for a variety of reasons.  Many detainees are eligible to apply for bond before the Immigration Court.  Recognizing that each judge is different, you want to prepare an application for bond that is as strong as possible in the specific situation the detainee is in.  The recommendations for an immigrant with criminal convictions are very different than a person who entered the United States for the first time and has a well founded fear of persecution.  Mr. Horn has obtained bond for detained immigrants throughout the United States.

Deferred Action

Deferred Action is generally referred to an application process different than Deferred Action for Childhood Arrivals (DACA) or Deferred Action for Parents (DAPA).  Deferred Action generally refers to an application made to Immigration and Customs Enforcement after a final order of removal when the immigrant has no other relief from removal.  This application is commonly made when the immigrant is detained, and is generally considered a last option.  However, Mr. Horn has successfully obtained Deferred Action for many clients, allowing to live and work in the United States while living here with their families.

Others:

There are other applications that can be filed with USCIS while you are in removal proceedings before the Immigration Judge.  For example, applications for family based petitions, Special Immigrant Juveniles, battered spouses and children under the Violence Against Women’s Act (VAWA), and employment based petitions are adjudicated by USCIS.  If one of those applications is approved by USCIS proceedings are usually terminated before the Immigration Court to allow the person to apply for adjustment of status with USCIS.  However, sometimes those cases will remain before the Immigration Court, most commonly when the applicant has a criminal history or otherwise requires a waiver.  Mr. Horn can guide you through this complex maze to help your case reach a successful conclusion.

It is important to hire an experienced Immigration Attorney. Long Island Immigration Attorney Eric Horn has over 15 years experience representing clients before the Immigration Court and will be happy to evaluate the merits of your case.

Contact the Law Office of Eric Horn, PC at (631) 435-7900 or contact him online to schedule a consultation.